[2010] EWCA Civ 1053

As the evidence stood, the Swedish court was not seized of the issue; no question of principle or general importance arises, so permission to appeal is refused.

Parties: Claimant: Mölnlycke Health Care AB; Claimant: Mölnlycke Health Care Limited; Defendant: BSN Medical Ltd; Defendant: BSN Medical GMBH
Jurisdiction: England and Wales
Judgment Date: 12 October 2010
Procedural Posture: Civil Appeal / Application for Permission to Appeal to Supreme Court
Outcome: permission to appeal refused
Legal Topics: Patents, Jurisdiction, Permission to Appeal

Intellectual Property Civil Procedure Patents Jurisdiction Permission to Appeal

Case Brief

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Parties

Mölnlycke Health Care AB

Claimant

Mölnlycke Health Care Limited

Claimant

BSN Medical Ltd

Defendant

BSN Medical GMBH

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to Supreme Court

Legal Issues

1 Whether the Swedish Court was first seized of the issue regarding the Mölnlycke patent claim and BSN products
2 Whether new evidence justifies permission to appeal to the Supreme Court

Ratio Decidendi

As the evidence stood, the Swedish court was not seized of the issue; no question of principle or general importance arises, so permission to appeal is refused.

Court Disposition

permission to appeal refused

Orders

Permission to appeal to the Supreme Court is refused.