Merck Canada Inc and another v Sigma Pharmaceuticals plc [2012] EWPCC 21, [2012] All ER (D) 85 (May)
It was an established principle that orders for destruction or delivery up were not made because the act of keeping was itself an act of infringement as defined by s 60(1)(a) of the Patents Act 1977. In such a case, the continued keeping would be caught by the injunction. Orders for delivery up or destruction were ancillary to the injunction and their purpose was to act as an aid to the injunction. Such an order when made would obviously have the effect of protecting the patentee from any use after the expiry of articles made during the currency of the patent but it was not accurate to say that that in itself was a or the purpose of orders for destruction
