Lindsay Lane QC appeared for the Appellants in this case concerning whether the High Court had jurisdiction in patent infringement proceedings between two licensees. The licence contained an exclusive choice of court clause conferring jurisdiction on the Belgian court and, subsequent to the commencement of the UK proceedings, the Appellants had commenced proceedings in Belgium seeking a declaration that their activities fell within the scope of the licence. However, the Appellants had indicated in evidence that in the English proceedings, among other defences, they intended to argue that the patents in issue were invalid. As a result, the judge at first instance, HHJ Hacon (sitting in the Patents Court) held that the English court had exclusive jurisdiction pursuant to art 24(4) of the Recast Regulation.
The Court of Appeal allowed the appeal, finding that by virtue of art 31(2) of the Recast Regulation, the Belgian court was empowered to decide whether the English court has exclusive jurisdiction. Thus the proceedings should be stayed until such time as the Belgian court decides whether it has jurisdiction and, if it decides that it has, rules on the scope of the licence.