Illumina, Inc. & Anor v Premaitha Health Plc & Anor [2018] EWHC 615 (Pat) (19 March 2018)

Illumina, Inc. & Anor v Premaitha Health Plc & Anor [2018] EWHC 615 (Pat) (19 March 2018)

The claimants' actions in respect of EP '321 do not constitute an abuse of process as there was no deliberate withholding of the claim and no breach of the Aldi guidelines; however, summary judgment is granted against Illumina on its claim to be exclusive licensee due to issue estoppel from prior proceedings.

Citation
[2018] EWHC 615 (Pat)
Parties
Claimant: Illumina, Inc.; Claimant: Sequenom, Inc.; Defendant: Premaitha Health Plc; Defendant: Premaitha Limited; Defendant: TDL Genetics Limited; Defendant: The Doctors Laboratory Limited; Defendant: Ariosa Diagnostics, Inc.
Jurisdiction
England and Wales
Judgment Date
19 March 2018
Procedural Posture
Patent Infringement and Related Interlocutory Applications / Interlocutory Judgment on Strike Out/summary Judgment Applications
Outcome
Defendants' applications to strike out the '321 actions as abuse of process dismissed; summary judgment granted against Illumina on exclusive licensee claim.
Legal Topics
Abuse of Process, Issue Estoppel, Patent Infringement, Exclusive Licence, Case Management
Intellectual Property Civil Procedure Abuse of Process Issue Estoppel Patent Infringement Exclusive Licence Case Management

Case Brief

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Parties

Illumina, Inc.

Claimant

Sequenom, Inc.

Claimant

Premaitha Health Plc

Defendant

Premaitha Limited

Defendant

TDL Genetics Limited

Defendant

The Doctors Laboratory Limited

Defendant

Ariosa Diagnostics, Inc.

Defendant

Procedural Posture

Patent Infringement and Related Interlocutory Applications / Interlocutory Judgment on Strike Out/summary Judgment Applications

Legal Issues

  1. 1 Whether the claimants' actions should be struck out as an abuse of process for failing to bring the EP '321 patent claim in earlier proceedings
  2. 2 Whether summary judgment should be entered against Illumina on the basis of issue estoppel regarding its status as exclusive licensee

Ratio Decidendi

The claimants' actions in respect of EP '321 do not constitute an abuse of process as there was no deliberate withholding of the claim and no breach of the Aldi guidelines; however, summary judgment is granted against Illumina on its claim to be exclusive licensee due to issue estoppel from prior proceedings.

Court Disposition

Defendants' applications to strike out the '321 actions as abuse of process dismissed; summary judgment granted against Illumina on exclusive licensee claim.

Orders

  • EP '321 actions may proceed against all defendants except that Illumina's claim as exclusive licensee is dismissed on grounds of issue estoppel.
  • Nothing prevents Illumina from applying to join as claimant on the basis of a new exclusive licence.