Patent decision

BL number

O/076/03

Concerning rights in

EP0575163

Hearing Officer

Mr P Hayward

Decision date

28 February 2003

Person(s) or Company(s) involved

Denso Ltd v NGK Spark Plugs Ltd

Provisions discussed

PACPR 3.9(1) and (2)

Keywords

Evidence

Related Decisions

None

Summary

After the normal evidence rounds in an application for revocation of the European patent, the claimants, Denso, sought to file late evidence close to the date for the substantive hearing.

The evidence comprised an expert witness statement where none had been filed by either the claimant or the defendant, the claimants having previously declined to file evidence-in-chief

The Hearing Officer allowed admission of the evidence. This was in the public interest, the evidence being acknowledged by the defendant to be relevant, and admitting the evidence would not disadvantage the defendant The Hearing Officer particularly noted that the defendant had stated that he was keen not to lose the date for the substantive hearing and would therefore endeavour to file an expert witness statement of his own prior to the date of the substantive hearing.

Full decision O/076/03 34Kb