Nutrinova Nutrition Specialities & Food Ingredients + Ors v. Scanchem UK Ltd [2000] EWHC Patents 124 (17th March, 2000)

Nutrinova Nutrition Specialities & Food Ingredients + Ors v. Scanchem UK Ltd [2000] EWHC Patents 124 (17th March, 2000)

The specification was framed in good faith and with reasonable skill and knowledge; amendment by deletion of invalid claims is allowed as there is no bad faith or exceptional circumstance; a narrower injunction is appropriate as the defendant is not a willing infringer; disclosure of purchasers is refused at this stage due to absence of bad faith and pending appeal; costs are apportioned to reflect partial success on validity and amendment of infringement case, with an interim payment ordered in instalments not exceeding £150,000.

Citation
[2000] EWHC Patents 124
Parties
Claimant: Nutrinova Nutrition Specialties & Food Ingredients GmbH; Claimant: Nutrinova UK Limited; Defendant: Scanchem UK Limited
Jurisdiction
England and Wales
Procedural Posture
Patent Infringement and Validity Proceedings / Post Trial Judgment on Form of Order, Costs, Amendment, and Injunctive Relief
Outcome
Patent held partially valid and infringed; amendment by deletion of invalid claims allowed; narrower injunction granted; disclosure of purchasers refused at this stage; costs apportioned; interim payment of costs ordered.
Legal Topics
Patent Validity, Patent Infringement, Amendment of Patent Claims, Injunctive Relief, Costs and Interim Payments, Disclosure of Purchasers
Intellectual Property Law Patent Law Patent Validity Patent Infringement Amendment of Patent Claims Injunctive Relief Costs and Interim Payments Disclosure of Purchasers

Case Brief

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Parties

Nutrinova Nutrition Specialties & Food Ingredients GmbH

Claimant

Nutrinova UK Limited

Claimant

Scanchem UK Limited

Defendant

Procedural Posture

Patent Infringement and Validity Proceedings / Post Trial Judgment on Form of Order, Costs, Amendment, and Injunctive Relief

Legal Issues

  1. 1 Whether the patent specification was framed in good faith and with reasonable skill and knowledge for the purposes of damages and costs under Patents Act 1977 s.63(2)
  2. 2 Whether amendment by deletion of invalid claims should be allowed
  3. 3 Form and scope of injunctive relief for patent infringement

Ratio Decidendi

The specification was framed in good faith and with reasonable skill and knowledge; amendment by deletion of invalid claims is allowed as there is no bad faith or exceptional circumstance; a narrower injunction is appropriate as the defendant is not a willing infringer; disclosure of purchasers is refused at this stage due to absence of bad faith and pending appeal; costs are apportioned to reflect partial success on validity and amendment of infringement case, with an interim payment ordered in instalments not exceeding £150,000.

Court Disposition

Patent held partially valid and infringed; amendment by deletion of invalid claims allowed; narrower injunction granted; disclosure of purchasers refused at this stage; costs apportioned; interim payment of costs ordered.

Orders

  • Amendment of patent by deletion of invalid claims allowed
  • Injunction against importing acesulphame K from Beijing Vitasweet granted, with liberty to apply