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
