Wake Forest University Health Sciences & Ors v (Smith & Nephew Plc & Anor [2009] EWHC 45 (Pat) (13 January 2009)

Wake Forest University Health Sciences & Ors v (Smith & Nephew Plc & Anor [2009] EWHC 45 (Pat) (13 January 2009)

There is a serious issue to be tried regarding the validity of the patent in light of the Bagautdinov citation. Damages would be difficult to quantify for both parties. The balance of convenience favours preserving the status quo by granting an interim injunction pending an expedited trial. The cross-undertaking in damages should be extended to benefit customers of the claimants who may have paid too much during the injunction period.

Citation
[2009] EWHC 45 (Pat)
Parties
Claimant: Wake Forest University Health Sciences; Claimant: KCI Medical Limited; Claimant: KCI Medical Resources; Defendant: Smith & Nephew plc; Defendant: Smith & Nephew Healthcare Limited
Jurisdiction
England and Wales
Judgment Date
13 January 2009
Procedural Posture
Patent Infringement and Interim Injunction Application / Interlocutory (application for Interim Injunction Pending Trial)
Outcome
Interim injunction granted pending trial or further order, conditional on cross-undertaking in damages.
Legal Topics
Interim Injunction, Patent Validity, Anticipation, Obviousness, Balance of Convenience, Cross Undertaking in Damages
Intellectual Property Patents Interim Injunction Patent Validity Anticipation Obviousness Balance of Convenience Cross Undertaking in Damages

Case Brief

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Parties

Wake Forest University Health Sciences

Claimant

KCI Medical Limited

Claimant

KCI Medical Resources

Claimant

Smith & Nephew plc

Defendant

Smith & Nephew Healthcare Limited

Defendant

Procedural Posture

Patent Infringement and Interim Injunction Application / Interlocutory (application for Interim Injunction Pending Trial)

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding the validity of the patent in light of prior art
  2. 2 Whether an interim injunction should be granted restraining the defendants from entering the market with foam kits pending trial
  3. 3 Scope and beneficiaries of the cross-undertaking in damages

Ratio Decidendi

There is a serious issue to be tried regarding the validity of the patent in light of the Bagautdinov citation. Damages would be difficult to quantify for both parties. The balance of convenience favours preserving the status quo by granting an interim injunction pending an expedited trial. The cross-undertaking in damages should be extended to benefit customers of the claimants who may have paid too much during the injunction period.

Court Disposition

Interim injunction granted pending trial or further order, conditional on cross-undertaking in damages.

Orders

  • Interim injunction restraining Smith & Nephew from entering the foam kit market pending trial or further order.
  • Trial to be expedited to be heard as soon as possible after March.