Michael Tappin QC, along with Joe Delaney from 3 New Square, appeared for TDL Genetics, The Doctors Laboratory and Ariosa Diagnostics in this application by the two respective sets of Defendants to strike out the Claimants’ claim, or alternatively for summary judgment against the First Claimant. The Defendants argued that the bringing of the claim was an abuse of process as the claims could and should have been brought in earlier proceedings, and that the court had already determined that the First Claimant was not the exclusive licensee of the patent in suit and therefore it was issue estopped from bringing the claim.
Mr Justice Henry Carr considered that the Claimants’ bringing of these actions was not an abuse of process in light of all of the circumstances, however he determined that Illumina was issue estopped from bringing this claim, and therefore he granted summary judgment against it.