Resolution Chemicals Ltd v H Lundbeck A/S

Resolution Chemicals Ltd v H Lundbeck A/S

The judge concluded that the fair-minded and informed observer would not find a real possibility of subconscious bias arising from his past academic association with Prof Baldwin, given the passage of time, the nature of the relationship, and the context of expert evidence in patent litigation.

Parties
Claimant: Resolution Chemicals Limited; Defendant: H. Lundbeck A/S
Jurisdiction
England and Wales
Judgment Date
22 October 2013
Procedural Posture
Patent Revocation / Application for Recusal of Judge
Outcome
Application dismissed
Legal Topics
Patent Revocation, Apparent Bias, Judicial Recusal, Expert Evidence
Intellectual Property Civil Procedure Patent Revocation Apparent Bias Judicial Recusal Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Resolution Chemicals Limited

Claimant

H. Lundbeck A/S

Defendant

Procedural Posture

Patent Revocation / Application for Recusal of Judge

Legal Issues

  1. 1 Whether the judge should recuse himself due to past academic association with an expert witness (Prof Baldwin)
  2. 2 Whether the defendant waived the objection to apparent bias

Ratio Decidendi

The judge concluded that the fair-minded and informed observer would not find a real possibility of subconscious bias arising from his past academic association with Prof Baldwin, given the passage of time, the nature of the relationship, and the context of expert evidence in patent litigation.

Court Disposition

Application dismissed

Orders

  • The judge will not recuse himself from hearing the trial.
  • Lundbeck's application for recusal is denied.