The First Appellant was the patentee of pharmaceutical preparation and the Second Appellant was licensed to use the patent no. 87/2378 ("the patent"). The Respondent imported and distributed a similar drug called, Ulzec, whichthe First Appellant alleged infringed its patent. An application to the Commissioner of Patents was dismissed on the sole ground that there was no infringement. Leave to appeal was granted on the basis that the issue for determination on appeal is centered upon that of infringement only. Accordingly, it was held that in the circumstances the Respondent's product infringed the First Appellant's patent.The appeal was upheld with costs.