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Journal of Intellectual Property Law & Practice Advance Access published online on October 27, 2009
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpp174
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

High Court refuses to rule on ‘Crown use’ of a patented invention

Jeremy Drew and Tamar Shafran
Reynolds Porter Chamberlain LLP
Email: tamar.shafran{at}rpc.co.uk

MMI Research Ltd v Cellxion and others [2009] EWHC 1533 (Pat), 3 July 2009 and MMI Research Ltd v Cellxion and others [2009] EWHC 1938 (Pat), 31 July 2009

The High Court refused to rule on whether the defendants' sales of infringing products to the police was ‘crown use’ and so entitled to a defence against an infringement finding under section 55 of the Patents Act 1977; the Court held that the point had become hypothetical as a result of the defendants' change of position in how the point was pleaded.

Correspondence: Email: jeremy.drew{at}rpc.co.uk


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