Patent decision

BL number

O/119/09

Concerning rights in

GB2426767

Hearing Officer

Mr P Marchant

Decision date

6 May 2009

Person(s) or Company(s) involved

Portasilo Limited and Manchester Cabins Limited

Provisions discussed

Patents Act 1977 Section 71

Keywords

Infringement, Striking out

Related Decisions

None

Summary

In a request for a declaration of non-infringement, the defendant sought to have the action struck out since it alleged i) that the claimant had failed to file “full particulars” as required by section 71 and ii) that the claimant was making a generalised attack on validity which was not permitted under section 71. The hearing officer found that a claimant was not permitted to make a generalised attack on validity but must in all cases provide “full particulars” of the potentially infringing act. Where validity was in issue, the particulars must be sufficiently detailed for the proprietor and the comptroller to assess whether the act did or did not infringe any of the claims which, in the light of its assertions as to validity, might be found to be valid. He permitted the claimant an opportunity to file further particulars but ordered costs against the claimant for unnecessarily precipitating the hearing by choosing to run the action in the way it had.

Full decision O/119/09 50Kb