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Patent – Infringement. The defendant appealed against the judge's decision that it was precluded, by the parties' settlement agreement, from challenging the validity of the claimant's patent. The Court of Appeal, Civil Division, in dismissing the appeal, held that the settlement agreement prevented the defendant from raising the issue of validity by way of counterclaim or defence to the claimant's claims for breach of the settlement agreement and patent infringement, assuming that the claimant could properly pursue its infringement claim. Further, the claimant was not contending for a materially different interpretation of the patent than at the time of the settlement agreement.
Patent – Infringement. The defendant appealed against the judge's decision that it was precluded, by the parties' settlement agreement, from challenging the validity of the claimant's patent. The Court of Appeal, Civil Division, in dismissing the appeal, held that the settlement agreement prevented the defendant from raising the issue of validity by way of counterclaim or defence to the claimant's claims for breach of the settlement agreement and patent infringement, assuming that the claimant could properly pursue its infringement claim. Further, the claimant was not contending for a materially different interpretation of the patent than at the time of the settlement agreement.
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