Illumina, Inc. & Anor v Premaitha Health Plc & Anor

Illumina, Inc. & Anor v Premaitha Health Plc & Anor

The claimants did not deliberately withhold the EP '321 claim, and there was no breach of the Aldi guidelines; the commencement and continuance of the EP '321 actions do not constitute an abuse of process. However, Illumina is estopped from claiming exclusive licensee status for EP '321 based on prior judicial determination, but may apply to join as exclusive licensee under a new licence.

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 / Interlocutory Applications for Strike Out and Summary Judgment
Outcome
Defendants' applications to strike out the EP '321 actions as abuse of process are dismissed; summary judgment is granted against Illumina on exclusive licensee status.
Legal Topics
Abuse of Process, Issue Estoppel, Exclusive Licence, Patent Infringement, Case Management
Intellectual Property Civil Procedure Abuse of Process Issue Estoppel Exclusive Licence Patent Infringement 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 / Interlocutory Applications for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether commencement of the EP '321 actions constitutes an abuse of process
  2. 2 Whether Illumina is estopped from claiming to be an exclusive licensee of EP '321

Ratio Decidendi

The claimants did not deliberately withhold the EP '321 claim, and there was no breach of the Aldi guidelines; the commencement and continuance of the EP '321 actions do not constitute an abuse of process. However, Illumina is estopped from claiming exclusive licensee status for EP '321 based on prior judicial determination, but may apply to join as exclusive licensee under a new licence.

Court Disposition

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

Orders

  • EP '321 actions may proceed against all defendants except Illumina as exclusive licensee.
  • Illumina may apply to join as claimant based on new exclusive licence.