Smith & Nephew plc v ConvaTec Technologies Inc., England and Wales Court of Appeal (Kitchin, Briggs, Christopher Clarke LJJ), London UK, 30 July 2015, Neutral Citation Number:  EWCA Civ 803
The Court of Appeal has stayed both an injunction and an order for delivery up or destruction pending the outcome of two decisions in relation to European Patent (UK) 1,343,510 (the “Patent”), firstly Smith & Nephew’s application for permission to appeal to the Supreme Court and, secondly, an EPO opposition.
ConvaTec’s Patent covers a process for the silverisation of fibres in wound dressings. The Patent has been the subject of a series of decisions, initially in relation to validity (as reported on this Blog here and here) and subsequently in relation to infringement, including an application for a declaration of non-infringement (as reported here and here). The Court of Appeal decision on infringement overturned Birss J’s judgment as to the scope of a numerical range in the relevant claim of the Patent and concluded that Smith & Nephew infringed the Patent. The resulting form of order could not be agreed by the parties and an application was made to determine various issues, including permission to appeal and a stay of the injunctive relief.