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James Duncan Kelly & Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181 (Pat)

Case Summary  |  Judgment  |  11 February 2009


Andrew Lykiardopoulos appeared as junior counsel for the Defendant, GE Healthcare. The trial, in December 2008, was about whether two research scientists were entitled to compensation under s.40 of the Patents Act 19977 for the benefit that GE Healthcare had gained from the patented inventions which the researchers had developed whilst they were employees. The researchers needed to show that they were the actual devisers of the invention and that the patent (not just the invention) had been of outstanding benefit to their employer. The Judge held that the researchers were entitled to compensation under s.40 but that their share should only be 3% of the value of the benefit.