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Cinpres v. Melea Judgement -- Sept. 2006
11/09/2006 | Company News
There are new developments in the ongoing legal battles between Cinpres Gas Injection and Gain Technologies (aka Melea Limited). A judgement was issued dated 10 September 2006 regarding this latest round of litigation between the two gas assist competitors.
Here is the final ruling from the presiding judge in this case:
Part IX - Conclusion
There were a number of other issues and points in the case, but as some of them were removed by concessions, and in the light of my findings, it is not necessary for me to consider such as were not. My material findings are therefore that the decision in the first proceedings was affected by, and indeed was obtained by, perjured evidence which was material to that decision, but that the benefiting party (Mr Ladney) neither procured nor knowingly took advantage of that perjury. In all the circumstances, despite the perjury by which it was obtained, the 1996 decision in the first proceedings cannot be impeached and governs the issues which would otherwise arise in this action as to the ownership of the patent. Accordingly this action has to be dismissed. I appreciate that that result might be considered by some as less than satisfactory – the entitlement to the patent is governed by a decision which was reached after receiving and accepting perjured evidence and which might have been different if the truth had been told. However, that is the effect of the requirements of the applicable principles, as to which there was no dispute between the parties.
To read the full transcript of the court's ruling, click here.