12 Dec 2016
DYSON TECHNOLOGY LTD AND ANOTHER v. GERMAN POOL GROUP CO LTD AND OTHERS
- Citation
- DYSON TECHNOLOGY LTD AND ANOTHER v. GERMAN POOL GROUP CO LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA838/2011
The stay application was dismissed because the likely lengthy further duration of EPO proceedings and significant prejudice and commercial uncertainty to the defendants meant the balance of justice did not favour a stay; the discharge application succeeded in part because there had been a significant change of circumstances (EPO Opposition Division revocation at first instance and the plaintiffs' continued exploitation of the market) and there was no present threat of irreparable harm to plaintiffs that could not be remedied in damages, so paras 1 and 1A of the injunction were discharged.