Patent decision

BL number

O/113/07

Concerning rights in

GB 2360867

Hearing Officer

Mr P Back

Decision date

24 April 2007

Person(s) or Company(s) involved

Ingenico (UK) Limited and Pendawell 2007 Ltd

Provisions discussed

Rule 3.9 Civil Procedure Rules

Keywords

Delay, Evidence

Related Decisions

O/022/06

Summary

This was a preliminary decision in a case for revocation in which the patent proprietor (defendant) had recently changed. The defendant made a request to file further evidence relating to the identity of the skilled person, which they claimed had been raised for the first time in the claimant’s evidence in reply. The claimant objected, noting that the date set for the main hearing was imminent and the defendants had been in possession of the evidence in reply for several months. Considering the request in the light of the criteria set out in rule 3.9 of the Civil Procedure Rules, the hearing officer agreed to the defendant’s request but gave the claimants an opportunity to file a response to the defendant’s further evidence before the main hearing.

Full decision O/113/07 32Kb