The claimant had sought a declaration as to the ownership of a patent, and now said that a witness had procured his earlier judgment by perjury. The witness now said that he had formed his statement against a feeling of oppression by the threat of a US lawsuit.
Held: The decision in the first proceedings was affected by, and indeed was obtained by, perjured evidence which was material to that decision, but that the benefiting party (Mr Ladney) neither procured nor knowingly took advantage of that perjury. In all the circumstances, despite the perjury by which it was obtained, the 1996 decision in the first proceedings cannot be impeached and governs the issues which would otherwise arise in this action as to the ownership of the patent. Accordingly this action has to be dismissed.
Judges:
Mann J
Citations:
[2006] EWHC 2451 (Ch)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Odyssey Re (London) Limited and Alexander Howden Holdings Limited v OIC Run-Off Limited (Formerly Orion Insurance Company Plc) CA 13-Mar-2000
There had been litigation between the two companies previously. The general manager and director had given evidence which was accepted by the judge and again on appeal. After his death and in other proceedings it became clear that he had perjured . .
Cited – Markem Corporation and Another v Zipher Ltd CA 22-Mar-2005
A patent which was applied for as a result of a breach of confidence may be capable of giving the victim of the breach the benefit of an interest in the patent. In the UK at least the basis of an entitlement claim must be a breach of the claimant’s . .
Cited by:
See Also – Cinpres Gas Injection Limited v Melea Limited ChD 23-Nov-2006
The claimant sought to pursue its licence claim after its claim to a proprietary interest in the patent had been dismissed.
Held: The claim misunderstood the way section 37 worked. To have a claim to a license the license the claimant had to . .
Appeal from – Cinpres Gas Injection Ltd v Melea Ltd CA 24-Jan-2008
A final judgment may be impugned for fraud. . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 02 September 2022; Ref: scu.245215
