Patent decision

BL number

O/396/18

Concerning rights in

EP(UK)1352845B

Hearing Officer

Mr S Probert

Decision date

27 June 2018

Person(s) or Company(s) involved

Encore Envelopes Ltd v Heritage Envelopes Ltd

Provisions discussed

Sect 71(1)

Keywords

Infringement, Stay of proceedings, Striking out

Related Decisions

None

Summary

The proprietor of the patent challenged an alleged infringer, and was following the CPR pre-action protocol before issuing a claim for infringement at IPEC. Before that claim was issued, the alleged infringer applied to the IPO for a declaration of non-infringement.

The proprietor described this as a race to the court, and asked the Comptroller to strike out these proceedings.

The hearing officer decided that there was not a strong enough case for strike out, but did agree to stay these proceedings until final order in the parallel IPEC proceedings.

Full decision O/396/18 384Kb