Patent decision

BL number

O/163/05

Concerning rights in

EP (UK) 0667165 B1

Hearing Officer

Mr R C Kennell

Decision date

17 June 2005

Person(s) or Company(s) involved

Yeda Research and Development Co.Ltd v Rhone-Poulenc Rorer International (Holdings) Inc and ImClone Systems Inc.

Provisions discussed

PA 1977 section 37; Brussels Convention Art 22; Council Reg (EC) 44/2001 Art 28

Keywords

Stay of proceedings

Related Decisions

None

Summary

Preliminary decision

Following the filing of a reference and statement by the claimant, the defendants (the proprietor and its exclusive licensee) in May 2004 sought a stay to await the outcome, initially of EPO opposition proceedings, but then when these were suspended, until the decision at first instance in parallel US entitlement proceedings expected to be heard end 2005 - early 2006.

The hearing officer refused to grant the stay, it weighing particularly that no date was yet fixed for the US proceedings, they would not necessarily be decided ahead of any decision by the comptroller, and would be unlikely to bind him. Affymetrix v Multilyte was cited by the claimant as the nearest case, and the hearing officer considered that it gave useful guidance although not being decisive of the matter.

Notwithstanding the citation by the defendants of precedent cases showing that a broad approach was taken to the avoiding the risk of irreconcilable judgments under the above-mentioned provisions of the Brussels Convention and its successor Regulation 44/2001, the hearing officer did not consider that there was any general public policy to this effect in respect of countries such as the US which were not bound by this regime.

Full decision O/163/05 74Kb