Legal News

Service out of the jurisdiction in a patent case (Magnesium Elektron v Molycorp Chemicals and Oxides)

Published on: 06 January 2016
Published by: LexisPSL
  • Service out of the jurisdiction in a patent case (Magnesium Elektron v Molycorp Chemicals and Oxides)
  • Practical implications
  • Facts
  • Was there a serious issue to be tried?
  • What was the relevant test to apply?
  • Whether the second defendant had committed any relevant acts relating to its product (Zamr REMO)
  • Whether Zamr REMO was a product made directly by the patented process
  • Did the claim fall within the injunction gateway?
  • Did the claim fall with the 'other person' gateway?
  • Did the claim fall with the tort gateway?
  • More...

Article summary

Dispute Resolution analysis: Birss J has granted permission to serve out of the jurisdiction on a joint tortfeasor in a patent infringement case. In doing so he has tackled the issue of what is a ‘new product’ under section 100 of the Patents Act 1977 (PA 1977) and highlighted practical issues in relation to a number of the jurisdictional gateways set out in CPR PD 6B. or take a trial to read the full analysis.

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