BASF SE v Sipcam (UK) Ltd [2013] EWHC 2863 (Pat) (12 September 2013)

BASF SE v Sipcam (UK) Ltd [2013] EWHC 2863 (Pat) (12 September 2013)

The court granted the interim injunction because there is a serious issue to be tried, the balance of convenience favours BASF due to the risk of permanent price depression and market change, and the status quo should be regarded as Sipcam not being on the UK market due to misleading correspondence and prevarication over inspection. Any harm to Sipcam from being kept off the market can be mitigated by a speedy trial and cross-undertaking in damages.

Citation
[2013] EWHC 2863 (Pat)
Parties
Claimant: BASF SE; Defendant: SIPCAM (UK) LIMITED
Jurisdiction
England and Wales
Judgment Date
12 September 2013
Procedural Posture
Patent Infringement Interim Injunction Application / Interim Application for Injunction Pending Trial
Outcome
Interim injunction granted in favour of BASF SE against Sipcam (UK) Limited pending trial.
Legal Topics
Interim Injunctions, Patent Infringement, Balance of Convenience, Status Quo, Inspection of Process
Intellectual Property Patents Interim Injunctions Patent Infringement Balance of Convenience Status Quo Inspection of Process

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Parties

BASF SE

Claimant

SIPCAM (UK) LIMITED

Defendant

Procedural Posture

Patent Infringement Interim Injunction Application / Interim Application for Injunction Pending Trial

Legal Issues

  1. 1 Whether BASF has an arguable case of patent infringement against Sipcam (UK) Limited
  2. 2 Whether the balance of convenience favours granting an interim injunction restraining Sipcam from selling Most Micro in the UK pending trial
  3. 3 Whether any delay by BASF in seeking the injunction affects the status quo or balance of convenience

Ratio Decidendi

The court granted the interim injunction because there is a serious issue to be tried, the balance of convenience favours BASF due to the risk of permanent price depression and market change, and the status quo should be regarded as Sipcam not being on the UK market due to misleading correspondence and prevarication over inspection. Any harm to Sipcam from being kept off the market can be mitigated by a speedy trial and cross-undertaking in damages.

Court Disposition

Interim injunction granted in favour of BASF SE against Sipcam (UK) Limited pending trial.

Orders

  • Sipcam (UK) Limited is restrained from selling Most Micro in the UK pending trial.
  • A cross-undertaking in damages is required in favour of Sipcam SpA and Sipcam (UK) Limited.