Coflexip Stena Offshore Limited, Coflexip S.A. [1999] EWHC Patents 258 (29th January, 1999)
The injunction should be limited to restraining only the acts of infringement proved at trial, not in general terms restraining all possible infringements, because the court's findings are limited to the pleaded and proven acts, and a broader injunction would unfairly expose the defendant to contempt for acts not adjudicated.
- Citation
- [1999] EWHC Patents 258
- Parties
- Plaintiff: Coflexip; Defendant: Stolt Comex
- Jurisdiction
- England and Wales
- Procedural Posture
- Patent Infringement / Post Trial Judgment on Form of Injunction
- Outcome
- Injunction granted in limited terms
- Legal Topics
- Injunctions, Patent Infringement, Scope of Relief, Contempt of Court
Case Brief
Summary, issues, holding and outcome
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Parties
Coflexip
Plaintiff
Stolt Comex
Defendant
Procedural Posture
Patent Infringement / Post Trial Judgment on Form of Injunction
Legal Issues
- 1 Whether the injunction restraining infringement of the patent should be in general terms or limited to the acts of infringement proved
Ratio Decidendi
The injunction should be limited to restraining only the acts of infringement proved at trial, not in general terms restraining all possible infringements, because the court's findings are limited to the pleaded and proven acts, and a broader injunction would unfairly expose the defendant to contempt for acts not adjudicated.
Court Disposition
Injunction granted in limited terms
Orders
- Injunction limited to acts of infringement proved against Stolt Comex
- Express liberty to apply included in the order for future potential infringements
Full Case Text
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