BioProgress on top in capsule legal wrangle
its patent dispute with Stanelco Fibre Optics over the use of
radiofrequency welding to make polymer capsules.
The court sided with BioProgress' position that it had invented the process of sealing water-soluble polymeric materials by RF welding in order to form capsules, and was entitled to the main claim and all except three subsidiary claims in the Master Patent. It conferred no right upon Stanelco to use any of the subsidiary processes without the permission of BioProgress.
In its earlier judgment, the Court had held that Stanelco had misused BioProgress' confidential information by making the patent filings that founded the three families of patents. Yesterday, the Court made an Order for the commencement of the procedure for assessing the amount to be paid in damages by Stanelco to BioProgress for breach of confidence.
Stanelco was also ordered to disclose details of its foreign patent applications, so that ownership of all patents and patent applications in the Master Patent family can be dealt with at a further, final hearing in approximately 4-6 weeks time.
The Court also made an order for interim costs in favour of BioProgress. Stanelco must make an interim payment towards these costs of approximately £180,000 (€260,000) within two weeks.
At the end of the hearing, Stanelco indicated that it had commenced an application to request the Court to reconsider certain aspects of the previous judgment. The company has seven days in which to file its evidence.
The ruling brings to a close the legal wrangling between the two companies that started in October last year. BioProgress had started legal proceedings against Stanelco Fibre Optics alleging ownership of several patents related to processes used in gelatine-free encapsulation. Later that month, Stanelco licensed rights to a non-gelatine encapsulation process developed by its subsidiaries Adept Polymers and Stanelco Fibre Optics to Isracaps, an Israeli company.
