Edwards Lifesciences AG v. Cook Biotech, Inc.

[2009] EWHC 1304 (Pat) (2009)

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Edwards Lifesciences AG v. Cook Biotech, Inc.

United Kingdom High Court of Justice
[2009] EWHC 1304 (Pat) (2009)

RW

Facts

In January 2000, Joe Obermiller, Francisco Osse, and Patricia Thorpe filed a United States patent application for their invention. As Obermiller’s employer, Cook Biotech, Inc. (Cook) (defendant) owned Obermiller’s interest in the invention. Within a few months, a technical journal published a full description of the invention. In January 2001, Cook filed an international patent application for the invention in accordance with the Patent Cooperation Treaty (PCT). The Paris Convention for the Protection of Industrial Property (Paris Convention) provided a 12-month window for claiming priority based on an earlier patent application. Therefore, Cook asserted priority for the January 2001 PCT filing based on the January 2000 United States filing. Osse and Thorpe did not assign their interests in the invention to Cook until September 2002. The European Patent Office issued a PCT patent to Cook, as the invention’s sole owner, in 2007. Edwards Lifesciences AG (Edwards) (plaintiff) contested the patent and sued Cook in the High Court of Justice of the United Kingdom, which was signatory to both the PCT and the Paris Convention.

Rule of Law

Issue

Holding and Reasoning (Kitchin, J.)

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