Patent decision

BL number
O/0161/23
Concerning rights in
EP3266631
Hearing Officer
Mr H Jones
Decision date
15 February 2023
Person(s) or Company(s) involved
BOS GmbH & Co. KG and Lisa Dräxlmaier GmbH
Provisions discussed
Section 29
Keywords
Costs, Stay of proceedings, Surrender
Related Decisions
None

Summary

A decision on costs in surrender proceedings which were initially opposed and then stayed due to parallel court action. On resolution of the court proceedings, the opponent withdrew its opposition and the offer to surrender was accepted. The patentee demonstrated that the opponent’s behaviour in opposing the patent had been unreasonable and so the hearing officer awarded off-scale costs.

Full decision O/0161/23 PDF document183Kb