Vetco Gray UK Ltd & Anor v FMC Technologies Inc [2007] EWHC 540 (Pat) (13 March 2007)

Vetco Gray UK Ltd & Anor v FMC Technologies Inc [2007] EWHC 540 (Pat) (13 March 2007)

Scotland is the more appropriate forum for the determination of the dispute because the alleged infringement occurred there, the relief sought is most appropriately granted there, and the issues in both jurisdictions are substantially similar. The risk of duplication and inconsistent judgments further supports a stay of the English proceedings. The remaining English action (051) is not stayed as its issues are not the same as those in Scotland and forum non conveniens does not apply.

Citation
[2007] EWHC 540 (Pat)
Parties
Claimant: Vetco Gray UK Limited; Claimant: Vetco Gray Inc; Defendant: FMC Technologies Inc
Jurisdiction
England and Wales
Judgment Date
13 March 2007
Procedural Posture
Patent Action (applications for Stay on Forum Non Conveniens Grounds) / Interlocutory Application for Stay Pending Trial
Outcome
Stay granted in main English action (4490); stay refused in secondary action (051); costs to be determined by costs judge with netting off for each party's success.
Legal Topics
Forum Non Conveniens, Patent Infringement, Revocation of Patent, Abuse of Process
Intellectual Property Civil Procedure Forum Non Conveniens Patent Infringement Revocation of Patent Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Vetco Gray UK Limited

Claimant

Vetco Gray Inc

Claimant

FMC Technologies Inc

Defendant

Procedural Posture

Patent Action (applications for Stay on Forum Non Conveniens Grounds) / Interlocutory Application for Stay Pending Trial

Legal Issues

  1. 1 Whether English proceedings should be stayed in favour of Scottish proceedings on forum non conveniens grounds
  2. 2 Whether the issues in the English and Scottish proceedings are substantially similar
  3. 3 Whether Scotland is a clearly more appropriate forum for the dispute

Ratio Decidendi

Scotland is the more appropriate forum for the determination of the dispute because the alleged infringement occurred there, the relief sought is most appropriately granted there, and the issues in both jurisdictions are substantially similar. The risk of duplication and inconsistent judgments further supports a stay of the English proceedings. The remaining English action (051) is not stayed as its issues are not the same as those in Scotland and forum non conveniens does not apply.

Court Disposition

Stay granted in main English action (4490); stay refused in secondary action (051); costs to be determined by costs judge with netting off for each party's success.

Orders

  • Stay of proceedings in action 4490 pending further order or judgment in Scottish proceedings
  • No stay of proceedings in action 051