AP Racing Limited v Alcon Components Limited, UK, High Court (Intellectual Property Enterprise Court), HHJ Hacon, 15 May 2015
HHJ Hacon’s judgment in AP Racing v Alcon Components concerned an application to strike out AP Racing’s statement of case under CPR Rule 3.4(2)(b) – ‘that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings’.
In a judgment of 28 January 2014, the Court of Appeal ruled that certain specific disc brake callipers for cars produced by Alcon had infringed AP Racing’s UK Patent (No. 2 451 690) and that AP Racing was entitled to choose between an account of profits or an inquiry as to damages. Following the finding of infringement AP Racing sought disclosure to enable AP Racing to make its election between the two remedies.
In doing so AP Racing asked for disclosure both for sales of brake callipers which had been the subject of the decision on infringement and other brake callipers sold by Alcon. Alcon objected. AP Racing responded by dropping its request for disclosure beyond the callipers which had been the subject of the infringement decision and then brought a separate infringement claim against Alcon in respect of the other callipers. Alcon applied for this new case to be struck out.