Permavent Ltd v Makin [2017] EWHC 2077 (Pat) (24 July 2017)

Permavent Ltd v Makin [2017] EWHC 2077 (Pat) (24 July 2017)

There is a serious issue to be tried regarding entitlement to the patents. Both parties face potential irreparable harm, but the claimant's risk is greater. The balance of convenience and preservation of the status quo favour granting an interim injunction, but fairness requires the claimant to pay the defendant a running royalty as a condition. The injunction is therefore granted on terms that the claimant pays the defendant £2,500 per quarter while the injunction is in effect, with liberty to apply for variation after a set period.

Citation
[2017] EWHC 2077 (Pat)
Parties
Claimant: Permavent Limited; Defendant: Mr. Stephen John Makin
Jurisdiction
England and Wales
Judgment Date
24 July 2017
Procedural Posture
Interim Injunction Application in Patent Entitlement Dispute / Application for Interim Relief Prior to Trial
Outcome
Interim injunction granted, conditional on payment of running royalties to the defendant.
Legal Topics
Patent Ownership, Fiduciary Duties, Constructive Trust, Interim Injunctions, Unjustified Threats, Licence Agreements
Intellectual Property Patents Equity Patent Ownership Fiduciary Duties Constructive Trust Interim Injunctions Unjustified Threats +1 more

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Parties

Permavent Limited

Claimant

Mr. Stephen John Makin

Defendant

Procedural Posture

Interim Injunction Application in Patent Entitlement Dispute / Application for Interim Relief Prior to Trial

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding entitlement to the patents
  2. 2 Whether irreparable harm would be suffered by either party if the injunction is or is not granted
  3. 3 Appropriate balance of convenience and status quo

Ratio Decidendi

There is a serious issue to be tried regarding entitlement to the patents. Both parties face potential irreparable harm, but the claimant's risk is greater. The balance of convenience and preservation of the status quo favour granting an interim injunction, but fairness requires the claimant to pay the defendant a running royalty as a condition. The injunction is therefore granted on terms that the claimant pays the defendant £2,500 per quarter while the injunction is in effect, with liberty to apply for variation after a set period.

Court Disposition

Interim injunction granted, conditional on payment of running royalties to the defendant.

Orders

  • Defendant restrained from transferring or licensing the patents and patent applications pending resolution of the entitlement dispute.
  • Claimant to pay defendant £2,500 per quarter as a running royalty while the injunction is in effect.