Global Flood Defence Systems Ltd and another v Johan Van Den Noort Beheer B.V. and others

Patent – Infringement of patent. The Chancery Division, in dismissing the claimants' appeals, held that, on the true construction of s 70 of the Patents Act 1977, the judge had correctly held that threats by the first and second defendants to bring patent infringement proceedings against them, at a time when the relevant patent application had been pending, had been capable of justification under s 70(2)(a) of the Act. It further held that the judge had been justified in adjourning the trial the claim for groundless threats, given that the grant of the patent had been imminent.

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