Patent decision

BL number
O/261/06
Concerning rights in
GB2356145 B
Hearing Officer
Mr S Probert
Decision date
15 September 2006
Person(s) or Company(s) involved
Vibriant Technology Services Ltd and Protex Healthcare UK Ltd
Provisions discussed
Section 72
Keywords
Striking out
Related Decisions
None

Summary

A preliminary decision following a case management conference. Concerns a dispute between the parties over an amendment to the statement of case, and the relevance and admissibility of late evidence. Also deals with a request for striking out part of the claimant’s evidence and whether there was an error in the evidence.

The inventor has provided evidence in support of the claimant’s allegation of prior use, but the proprietor of the patent was objecting that the allegation of prior use had not been sufficiently identified to enable them to understand the case it was required to meet. The Hearing Officer decided that the claimant had done everything it could to particularise the prior use claim.

Full decision O/261/06 PDF document46Kb