The Court held that it had no jurisdiction to grant fortification of a cross-undertaking for damages where the injunction had been discharged. Further, the Court held that even if it had jurisdiction to do so, the evidence as to Napp’s financial position did not justify fortification of the cross-undertaking.
Case date: 15 April 2019
Case number: EWHC 1009 (Pat)
Court: High Court of Justice of England and Wales, Chancery Division, Patents Court
A full summary of this case has been published on Kluwer IP Law.