Buchanan (Appellant) v. Alba Diagnostics Limited (Respondents) (Scotland), (2004)

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Buchanan (Appellant) v. Alba Diagnostics Limited (Respondents) (Scotland), (2004)

HOUSE OF LORDS

SESSION 2003-04

[2004] UKHL 5

on appeal from: [2001] SCLR 307

OPINIONS

OF THE LORDS OF APPEAL

FOR JUDGMENT IN THE CAUSE

Buchanan (Appellant) v. Alba Diagnostics Limited (Respondents) (Scotland)

ON

THURSDAY 5 FEBRUARY 2004

The Appellate Committee comprised:

Lord Nicholls of Birkenhead

Lord Hoffmann

Lord Hope of Craighead

Lord Walker of Gestingthorpe

Lord Brown of Eaton-under-Heywood

HOUSE OF LORDS

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

Buchanan (Appellant) v. Alba Diagnostics Limited (Respondents) (Scotland)

[2004] UKHL 5

LORD NICHOLLS OF BIRKENHEAD

My Lords,

1.  I have had the advantage of reading in draft the speech of my noble and learned friend Lord Hoffmann. For the reasons he gives, with which I agree, I would dismiss this appeal.

LORD HOFFMANN

My Lords,

2.  This appeal arises out of an action raised by Mr Nigel Buchanan, the registered proprietor of UK Patent GB 2 287 321 ("for a fluid boiling point measuring device"), against Alba Diagnostics Ltd ("Alba") alleging infringement by the manufacture and sale of an implement called the Brake Fluid Tester. Alba denies infringement but takes the preliminary point that Mr Buchanan has no title to sue, having assigned his rights in the patent in suit ("the 321 patent") to a Mr Mills, who in turn assigned them to Alba. The Lord Ordinary (Lord Hamilton) and the Inner ...

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