Nutrinova Nutrition Specialities & Food Ingredients v. Scanchem UK Ltd [2000] EWHC Patents 98 (18th May, 2000)

Nutrinova Nutrition Specialities & Food Ingredients v. Scanchem UK Ltd [2000] EWHC Patents 98 (18th May, 2000)

The patent specification was framed in good faith and with reasonable skill and knowledge; amendment by deletion of invalid claims is allowed; a narrow injunction is appropriate; no order for disclosure of purchasers at this stage; costs awarded to claimants subject to deductions for issues lost, with an interim payment ordered.

Citation
[2000] EWHC Patents 98
Parties
Claimant: Nutrinova Nutrition Specialties & Food Ingredients GmbH; Claimant: Nutrinova UK Limited; Defendant: Scanchem UK Limited
Jurisdiction
England and Wales
Procedural Posture
Patent Infringement / Post Trial, Judgment on Form of Order
Outcome
Claimants' application for amendment allowed; narrow injunction granted; costs awarded to claimants with deductions; interim payment ordered; no disclosure of purchasers at this stage.
Legal Topics
Patent Validity, Patent Infringement, Amendment of Patent Claims, Costs and Interim Payments, Injunctive Relief
Intellectual Property Law Patent Law Patent Validity Patent Infringement Amendment of Patent Claims Costs and Interim Payments Injunctive Relief

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 / Post Trial, Judgment on Form of Order

Legal Issues

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

Ratio Decidendi

The patent specification was framed in good faith and with reasonable skill and knowledge; amendment by deletion of invalid claims is allowed; a narrow injunction is appropriate; no order for disclosure of purchasers at this stage; costs awarded to claimants subject to deductions for issues lost, with an interim payment ordered.

Court Disposition

Claimants' application for amendment allowed; narrow injunction granted; costs awarded to claimants with deductions; interim payment ordered; no disclosure of purchasers at this stage.

Orders

  • Amendment of patent by deletion of invalid claims allowed
  • Injunction against importing acesulphame K from Beijing Vitasweet granted