Patent decision

BL number

O/080/10

Concerning rights in

EP0566635

Hearing Officer

Mr P Thorpe

Decision date

5 March 2010

Person(s) or Company(s) involved

Lundberg & Son VVS-Produckter AE and ZGP Limited

Provisions discussed

Patents Act 1977 Section 74B

Keywords

Opinions and Reviews, Summary judgement

Related Decisions

None

Summary

The proprietor of the patent requested a review of Opinion 11/09 which found that its patent was not infringed. The request argued that the opinion wrongly concluded that there was no infringement because it had misunderstood how the alleged infringing product worked. Such an argument is however outside the scope of Rule 98(5)(b) which provides for a review only on the ground that the opinion wrongly concluded that a particular act did not or would not constitute an infringement of the patent by reason of its interpretation of the specification of the patent in suit. The request for a review was therefore dismissed.

Full decision O/080/10 42Kb