i-law

Intellectual Property Decisions

29057 (1) Baxter Healthcare SA (2) Baxter Healthcare Pharmaceuticals Ltd (3) Baxter Healthcare Ltd v (1) Bayer Corp (2) Bayer Healthcare LLC (3) Talecris Biotherapeutics Inc

Patents Court (Pumfrey J, 14 July 2006) application for stay of proceedings for declaration of non-infringement and revocation – unsuccessful opposition at EPO – cost implications – whether Belgian infringement proceedings relevant – review of case law – balance of justice approach simpler than question of starting point ([2006] EWHC 1890 (Pat))

Mr C Floyd QC (Bird & Bird) for the claimants; Mr S Thorley QC (Simmons & Simmons) for the defendants.

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