Andrew Lykiardopoulos QC and Maxwell Keay appeared for the Claimant, Coloplast, to oppose an application brought by the Defendant to stay UK infringement and validity proceedings pending the conclusion of opposition proceedings at the European Patent Office.
Applying the IPCom guidance, David Stone, siting as a Deputy High Court Judge, dismissed the stay application. Following the guidance in IPCom, the Claimant undertook to repay any damages if necessary following the EPO proceedings. Nonetheless, the Defendant argued that dual proceedings would lead to uncertainty, particularly the likelihood of claim amendments at the EPO. The Court held that the balance of justice would best be achieved by refusing the default option of a stay.