The court heard an application to transfer the case to the Chancery Division.
Held: Given the different levels of resources available to the parties, a transfer was refused.
Judges:
Hacon J
Citations:
[2017] EWHC 1501 (IPEC)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Alk-Abello Ltd v Meridian Medical Technologies Dey Pharma Lp PCC 9-Nov-2010
The court was asked whether the case should be transferred from the Patents County Court to the High Court Patents Court.
Birss HHJ identified the relevant factors: ‘the points to consider are:-
i) the financial position of the parties . .
Cited – Comic Enterprises Ltd v Twentieth Century Fox Film Corp PCC 22-Mar-2012
Birss QC HHJ explained his comments in ALK-Abello regarding the criteria for transerring a case to Chancery Division: ’21. This case is one in which access to justice for SMEs is raised squarely. It is the key element of Miss McFarland’s submissions . .
Cited – Environmental Recycling Technologies PatC 2012
Warren J discussed the importance of the financial health of the parties to a case when considering a transfer to the Chancery Division, and referring to Comic Enterprises said: ‘Ms. Lawrence submits that the financial position of the parties is . .
Cited – Destra Software Ltd v Comada (Uk) Llp and Others PCC 11-Jun-2012
The parties disputed property rights in certain computer software. Birss HHJ refused a transfer to the high court and said: ‘However, in fact at the moment we do not know whether this case will be anything like as complicated as it might seem. That . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 27 March 2022; Ref: scu.588980
