Cinpres Clears Final Legal Hurdle.
LONDON -- Directors of UK company Cinpres Gas Injection were today celebrating after winning the longest running battle in the history of the English patent courts.
The company is a market leader in gas injection equipment (used by its customers to make plastic products, such as interior trim for cars).
It has spent 16 years attempting to prevent Gibraltar-registered company Melea Ltd from claiming ownership of the patent for 'spillover', a process which prevents sink and weld marks in hollow plastic objects.
The inventor, James Hendry, worked at different times for both companies. Melea's owner, litigious Florida businessman Michael Ladney (branded a "liar and perjurer" by the judges in today's ruling) claimed Hendry invented the process whilst working for Melea.
Hendry testified for Melea, then admitted perjury and supported Cinpres's case (he was also branded "a liar and perjurer" by the court).
In October 2006, Mr Justice Mann ruled in favour of Melea, but remarked: "...the result might be considered ... as less than satisfactory - the entitlement to the patent is governed by a decision reached after receiving and accepting perjured evidence, and ... might have been different had the truth been told. However, that is the effect of the applicable principles..."
The Court of Appeal decision on January 24 overturns that ruling and (barring a House of Lords appeal) blocks further attempts by Melea to lay claim to the patent. The ruling contains uncompromising language about Ladney and Hendry.
Cinpres Chairman Merrick Taylor said: "Finally, a judgement in-line with natural justice. Innovative companies shouldn't have to fight this hard to protect their rights against people like Mr Ladney."
Gordon Harris, of Wragge & Co, the Cinpres legal adviser, said: "The Court of Appeal saw through the legal verbiage which bedevilled this case and found that the invention properly belongs to Cinpres."
For a full judgement go to www.cinpres.com/s37
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|Date:||Jan 24, 2008|
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