The Appeal: Ablynx NV and Another v Vhsquared Ltd and Others

A frigate of the Belgian navy possibly armed with torpedoes /Author Ein Dahmer Licence CC BY-SA 3.0 Source Belgian Navy Jane Lambert Court of Appeal (Lord Justice Lewison and Newey and Lady Justice Asplin) Ablynx NV and another v VHsquared Ltd and others [2019] EWCA Civ 2192 (10 Dec 2019) This was an appeal against His Honour Judge Hacon's decision in Ablynx NV and another v Vhsquared Ltd and others [2019] EWHC 792 (Pat) (29 March 2019) which I discussed in Choice of Forum - Ablynx NV and Another v Vhsquared Ltd and Others 28 July 2019. A patentee and its exclusive licensee brought patent infringement proceedings in the Patents Court against the English company, VHSquared Ltd . and various members of the Unilever group. The defendants relied on a licence from the patentee that conferred exclusive jurisdiction on the Belgian courts. They applied for the infringement proceedings in England ...