JIPLP: Can springboard injunctions be awarded in respect of non-infringing acts?

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02 March 2014
Tags
Litigation
Life

The Journal of Intellectual Property Law and Practice (JIPLP) has published an article by partner Darren Smyth and IP Solicitor Emma Muncey about the latest judgement in a series of disputes between Smith & Nephew and Convatec involving wound dressings.

The Patents Court found that (i) Smith & Nephew's process for preparing silverized wound dressings did not infringe Convatec's patent; (ii) several experiments from Smith & Nephew's earlier development work, which were used to obtain regulatory (CE) authorization, did infringe the patent; and (iii) while the court was capable of granting final springboard injunctions to restrain non-infringing acts, this case did not justify the grant of such relief.

To read the JIPLP article in full, click here.

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