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Practice – Summary judgment. The claimant company owned the patent for a drug. In earlier proceeding, its application for an interim injunction was dismissed on the basis that its infringement claim did not raise a serious issue to be tried. The defendants applied for the claim to be struck out or for summary judgment dismissing the claim. The Patents Court held that the proper course was to establish the facts at a trial before attempting definitively to determine the law in respect of subjective intention in respect of the patent in question. Accordingly, summary judgment dismissing the claim was not appropriate.
Practice – Summary judgment. The claimant company owned the patent for a drug. In earlier proceeding, its application for an interim injunction was dismissed on the basis that its infringement claim did not raise a serious issue to be tried. The defendants applied for the claim to be struck out or for summary judgment dismissing the claim. The Patents Court held that the proper course was to establish the facts at a trial before attempting definitively to determine the law in respect of subjective intention in respect of the patent in question. Accordingly, summary judgment dismissing the claim was not appropriate.
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