JIPLP: Can springboard injunctions be awarded in respect of non-infringing acts?


The Journal of Intellectual Property Law and Practice (JIPLP) has published an article by partner Darren Smyth and IP Solicitor Emma Muncey about the latest judgement in a series of disputes between Smith & Nephew and Convatec involving wound dressings.

The Patents Court found that (i) Smith & Nephew's process for preparing silverized wound dressings did not infringe Convatec's patent; (ii) several experiments from Smith & Nephew's earlier development work, which were used to obtain regulatory (CE) authorization, did infringe the patent; and (iii) while the court was capable of granting final springboard injunctions to restrain non-infringing acts, this case did not justify the grant of such relief.

To read the JIPLP article in full, click here.