Expedited trials in English High Court Patent Cases – can you jump the queue?

Written By

Last week of Trinity term, before the courts close for the summer vacation, is usually a very busy period for the High Court. This year seems to have been no exception, particularly for the recently appointed Mellor J (sitting as Chancery Interim Applications Judge) who had before him various applications, and among them a number of applications to expedite a patent trial (Abbott Laboratories v Dexcom Incorporated [2021] EWJC 2246 (Pat); Neurim Pharmaceuticals & Flynn Pharma v Generics UK & Mylan [2021] EWHC 2198 (Pat); Philips v Xiaomi [2021] EWHC 2170 (Pat)).

UK IP practitioners will be aware that the Patents Court has been extremely busy in recent times and there is no sign of things slowing down. But that has meant that the time to get to trial has been edging upwards – so can an application for expedition help parties to “jump the queue”?

Expedition - Four Gore factors

Expedition applications are not uncommon, but they are also not the norm. The leading case on expedition generally is Gore v Geox, which sets out four factors to be considered when making the application (the Gore factors):

  1. whether the applicants have shown good reason for expedition;
  2. whether expedition would interfere with good administration of justice;
  3. whether expedition would cause prejudice to the party; and
  4. whether there are any other special factors.
The Nicoventures points

Expedition applications in patent cases also come before the courts occasionally. The relevant factors applicable to such cases were recently considered in detail by Birss J (as he was then) in Nicoventures v Philip Morris, who added three particular points to the Gore

Full article available on PatentHub

Latest insights

More Insights
abstract colourful lines of code

How to do crypto business in Poland

Apr 24 2024

Read More
Mobile Phone in hand on purple background

Digital Identities in the UK

Apr 24 2024

Read More
Chair

One step closer to a sustainable EU; the European Parliament adopts the revised CSDDD proposal

Apr 24 2024

Read More

Related capabilities