Damages due but Patent invalid

Coflexip SA & Others v Stolt Offshore MS Limited & Others [2003] EWHC 1892(Pat)

Summary

In June 2003 we reported on the High Court decision in Rockwater Limited v Coflexip SA & Others, in which Coflexip's patent was held to be invalid and an order for damages was made against Stolt. In light of the decision in Rockwater, Stolt applied to stay this damages enquiry pending the Court of Appeal hearing Coflexip's appeal against invalidity. The application for a stay was refused by Jacob J.

The Issues

First, Stolt argued that the effect of revocation of Coflexip's patent in the Rockwater case was to render the patent void as if it never existed. Accordingly Stolt argued that it would be unfair if it had to pay damages in respect of a non-existent right. Jacob J agreed that the effect of the patent being revoked was that it was "ab initio void". However, he relied upon the case of Poulton v...