Patent decision

BL number

O/287/05

Concerning rights in

GB 2165292

Hearing Officer

Mr P Back

Decision date

25 October 2005

Person(s) or Company(s) involved

Clear Focus Imaging Inc v Contra Vision Limited

Provisions discussed

PA.1977 section 71

Keywords

Infringement, Pleadings

Related Decisions

O/079/00, O/137/00, O/412/00, O/388/01, O/099/03, CH/2001/APP/010716

Summary

The claimant, Clear Focus Imaging Inc, sought to introduce amended pleadings at a late stage in the proceedings. The amendments extend an existing attack on the validity of one claim on the ground that it involves added subject matter, to certain other claims dependant on it. They also adduce a new ground in relation to validity of certain claims, based on the change in the law in relation to product-by-process claims introduced by the judgment in Kirin-Amgen Inc v Hoechst Marion Roussel Ltd [2005] RPC 9 . Notwithstanding a considerable presumption against the introduction of new pleadings at this stage, the Hearing Officer admitted the amendments on the basis that the first was trivial and the second was necessary to allow the case to be argued in relation to the law as it now stands.

Full decision O/287/05 27Kb