Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court granted the plaintiff's application to have its patent infringement proceedings against several pharmaceutical companies entered into the Commercial List and assigned to the Intellectual Property and Technology List. The court held that, under the current rules, such cases are to be entered in the Commercial List unless doing so would harm the efficient and just operation of the list. While the plaintiff had proceeded with significant delays in bringing the proceedings, the court concluded that the delays, though notable, did not constitute conduct sufficiently egregious to warrant refusing entry. The decision means the case will progress in the specialist list most suited to intellectual property disputes, and the defendants did not establish any particular prejudice arising from the delay.
Patent infringement – Commercial List – Intellectual Property and Technology List – Criteria for entry to Commercial Court – Rules of the Superior Courts (RSC) – Culpable delay – Covid-19 vaccine litigation – Multi-jurisdictional litigation – Conditional Marketing Authorisation – Unified Patent Court (UPC) – Opposition proceedings – Damages – Injunction – Judicial discretion – Case management
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now