IP-2024-000024 - [2025] EWHC 492 (IPEC)

Well Lead’s expert was Kasra Saeb-Parsy. Mr Saeb-Parsy is a consultant urologist surgeon at Cambridge University Hospitals NHS Foundation Trust. CJ Medical’s expert was Bhaskhar Somani. He is a consultant urologist surgeon at University Hospitals Southampton and Editor in Chief of the Journal of Clinical Urology. Both Mr Saeb-Parsy and Professor Somani were knowledgeable in the field of endoscopic removal of kidney stones and were mostly helpful witnesses.

Well Lead raised an issue about Professor Somani. There was in evidence a transcript of a short video on YouTube in which Professor Somani explains the virtues of the Seplou Access Sheath, which is CJ Medical’s sheath alleged to infringe the Patent. He begins:

Professor Somani did not mention this endorsement in his written evidence for the court. It was raised in cross-examination. He said that he engages in education of a wide audience, not specifically CJ Medical, and that he has in the past promoted products marketed by others, including Well Lead. More dubiously, he said that in the YouTube video concerned he was not promoting a particular product.

It is well established that an expert must disclose any matter which may give rise to a material conflict of interest to the solicitors acting for the party for which the expert is giving evidence. The solicitors must then disclose the matter to the other parties in the case and to the court, see Zuber Bux v The General Medical Council [2021] EWHC 762 (Admin) at [23] to [47], in which Mostyn J summarised the applicable authorities.

Professor Somani stated in oral evidence that he did not inform CJ Medical’s patent attorneys about his YouTube presentation of the Seplou Access Sheath. He undoubtedly should have done. Well Lead was fully entitled to raise concerns. But I have no reason to believe that CJ Medical retained Professor Somani its expert in order to exploit a perceived bias in its favour. It was not suggested that Professor Somani has any commercial relationship with CJ Medical regarding the recommendation of its products or anything else.

Well Lead pointed to two instances where Professor Somani had modified his view in cross-examination, although both seem to me probably to have been reasonable corrections. I believe that notwithstanding his enthusiasm for CJ Medical’s product Professor Somani was endeavouring to state his honest views and that I should give his evidence equivalent weight to that of Mr Saeb-Parsy.