Cinpres Gas Injection Ltd v Melea Ltd

Cinpres Gas Injection Ltd v Melea Ltd

Although the prior Patent Office decision was affected by material perjury from Mr Hendry, the benefiting party (Mr Ladney) neither procured nor knowingly took advantage of the perjury. Therefore, the estoppel from the prior proceedings remains and Cinpres's claim must be dismissed.

Parties
Claimant: Cinpres Gas Injection Limited; Defendant: Melea Limited
Jurisdiction
England and Wales
Judgment Date
09 October 2006
Procedural Posture
Patent Entitlement Proceedings / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Patent Entitlement, Perjury, Estoppel, Breach of Confidence
Intellectual Property Patent Law Patent Entitlement Perjury Estoppel Breach of Confidence

Case Brief

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Parties

Cinpres Gas Injection Limited

Claimant

Melea Limited

Defendant

Procedural Posture

Patent Entitlement Proceedings / Judgment After Trial

Legal Issues

  1. 1 Whether prior judgment was procured by perjury
  2. 2 Whether perjury removes estoppel effect of prior proceedings
  3. 3 Whether claimant is entitled to be registered as proprietor of the patent

Ratio Decidendi

Although the prior Patent Office decision was affected by material perjury from Mr Hendry, the benefiting party (Mr Ladney) neither procured nor knowingly took advantage of the perjury. Therefore, the estoppel from the prior proceedings remains and Cinpres's claim must be dismissed.

Court Disposition

Claim dismissed