Fiberweb Geosynthetics Ltd v Geofabrics Ltd [2021] EWHC 1996 (Pat) (16 July 2021)

Fiberweb Geosynthetics Ltd v Geofabrics Ltd [2021] EWHC 1996 (Pat) (16 July 2021)

The balance of justice requires that the existing injunction be varied to permit Fiberweb to exploit Hydrotex 4 pending the determination of the DNI proceedings, as there is a bona fide dispute as to infringement, the patentee is not prepared to give a cross-undertaking in damages, and the risk of significant loss to Fiberweb outweighs the risk to Geofabrics, which can be compensated in damages.

Citation
[2021] EWHC 1996 (Pat)
Parties
Claimant: Fiberweb Geosynthetics Limited; Defendant: Geofabrics Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2021
Procedural Posture
Patent Infringement and Declaration of Non Infringement / Post Trial Application to Vary Injunction Pending Determination of DNI Proceedings
Outcome
Application granted
Legal Topics
Injunctions, Variation of Orders, Declaration of Non Infringement, Patent Infringement, Interim Relief
Intellectual Property Law Patent Law Injunctions Variation of Orders Declaration of Non Infringement Patent Infringement Interim Relief

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Parties

Fiberweb Geosynthetics Limited

Claimant

Geofabrics Limited

Defendant

Procedural Posture

Patent Infringement and Declaration of Non Infringement / Post Trial Application to Vary Injunction Pending Determination of DNI Proceedings

Legal Issues

  1. 1 Whether the existing injunction should be varied to permit Fiberweb to exploit Hydrotex 4 pending determination of DNI proceedings
  2. 2 Whether the strict test for variation of orders under CPR 3.1(7) applies to this application
  3. 3 Whether the balance of justice requires a carve-out from the injunction for Hydrotex 4

Ratio Decidendi

The balance of justice requires that the existing injunction be varied to permit Fiberweb to exploit Hydrotex 4 pending the determination of the DNI proceedings, as there is a bona fide dispute as to infringement, the patentee is not prepared to give a cross-undertaking in damages, and the risk of significant loss to Fiberweb outweighs the risk to Geofabrics, which can be compensated in damages.

Court Disposition

Application granted

Orders

  • The injunction is varied to permit Fiberweb to exploit Hydrotex 4 pending determination of the DNI proceedings, with acts performed in that period not treated as a breach of the injunction.