Patent decision

BL number

O/082/06

Concerning rights in

EP 0616676 B1

Hearing Officer

Mr P Back

Decision date

23 March 2006

Person(s) or Company(s) involved

Gerkros Boilers (Tipperary) Limited v Alley Enterprises Ltd

Provisions discussed

PA 1977, section 72(7)

Keywords

Disclosure, Evidence, Jurisdiction, Revocation

Related Decisions

O/304/05, O/028/06

Summary

The defendant requested the Comptroller to:

i) give it direct access to CRE documents relating to the testing of the claimants boilers in 1997; and

ii) to decline to deal with the case under section 72(7)(b) on the grounds that the case involves serious allegations of perjury and fabrication of evidence and complexity.

The hearing officer directed that the defendant should have access to the CRE file or files relating to their inspection of the claimants boilers; and that the claimant withdraw its objections to Mr Brian Bailey and CRE Limited disclosing such file(s) to the defendant. The hearing officer held that it would not be right to decline to deal with the case because although the issues at stake are complex they are not foreign to proceedings before the comptroller.

Full decision O/082/06 32Kb