The Danish Maritime & Commercial Court issues ruling on the potential bias of judges

Anders ValentinWith the Danish patent litigation community being limited in numbers and the pool of legal judges and expert judges available to the Danish specialty patents court being likewise limited in numbers, The Maritime & Commercial High Court (“MCC”) – along with its appellate branches – has long since decided that judges deciding an application for an interlocutory injunction are not prima facie biased in relation to hearing an ensuing action on the merits. In a pending matter, however, a somewhat different aspect came up when a party applied for an injunction to be lifted (repealed) by MCC – which had also granted the injunction – due to a subsequent decision in a parallel matter in which an application for an interlocutory injunction had been denied by the MCC. One of the parties to the repeal proceedings argued that two of the judges appointed for the repeal proceedings should be excluded due to potential bias. The MCC held…

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