Employees' Compensation: Kelly and Another v GE Healthcare Ltd [2009] EWHC 181 (Pat) (11 February 2009)
Jane Lambert This is the first reported case of a successful contested award under s.40 and s. 41 of the Patents Act 1977 . In Kelly and another v GE Healthcare Ltd [2009] EWHC 181 (Pat) (11 Feb 2009). The claimants, Duncan Kelly and Kwok Wai ("Ray") Chiu, were research scientists at Amersham International Plc. They were involved with the first synthesis of a compound called P53, which later formed the basis of a patented radioactive imaging agent which was a highly successful product for their employers. It was sold under the trade mark Myoview. By this action they sought an award of compensation from their employer under s. 40 and s.41 of the Patents Act 1977. They were claiming a share of the benefit which, they say, had been derived by their employer from the patents. The above sections have now been amended by s.10 of the Patents Act 2004 with respect to patents applied for after 1 Jan 2005. As the applications for the patents in this case had be