Patent decision

BL number

O/227/08

Concerning rights in

EP1604346

Hearing Officer

Mr P Thorpe

Decision date

8 August 2008

Person(s) or Company(s) involved

Carmelion Limited and Rainer Karl Schuh

Provisions discussed

PA 1977 Section 71

Keywords

Infringement, Stay of proceedings

Related Decisions

None

Summary

The defendant in an action for a declaration of non infringement requested a stay under Article 27 of EU Regulation 44/2001 as it argued that proceedings involving the same cause of action and between the same parties to this dispute were commenced in Belgium prior to the commencement of the proceedings under section 71. The hearing Officer found that the two proceedings did not involve the same cause of action and refused to grant any stay.

Full decision O/227/08 43Kb