Patent decision

BL number

O/303/05

Concerning rights in

(1) WO02/12669 (PCT/CA01/01122) and equivalents; (2) WO03/038220 (PCT/CA02/01685) and equivalents

Hearing Officer

Mr R C Kennell

Decision date

14 November 2005

Person(s) or Company(s) involved

Harald Philipp v (1) Atoma International Corp. and (2) Intier Automotive Closures Inc

Provisions discussed

PA..1977 section 107(1)

Keywords

Costs, Entitlement, Inventorship, Withdrawal

Related Decisions

O/324/04

Summary

Decision on costs

Having sought extensions of time to file his evidence in reply to the defendants evidence whist settlement negotiations continued, the claimant withdrew these related but unconsolidated references and applications concerning entitlement and inventorship. He said this was because of prior art shown him by the defendants (although this was in fact mentioned in the international search reports of the applications in suit). In a decision on the papers the hearing officer made a single award of costs to the defendants for both sets of proceedings, on the comptrollers normal scale, and with only a token allowance for the second set. He did not accept the defendants contentions that the claimant had commenced the actions without genuine belief that there was an issue to be tried, and that full compensatory costs should therefore be awarded in the light of Rizlas Application [1993] RPC 365 and Stafford Engineering Service Ltds Application [2000] RPC 797. Nor, having regard to practice developed since Rizla, did the hearing officer consider that the circumstances including a dispute between the parties as to whether there had been disclosure by the claimant of 'without prejudice' negotiations justified any off-scale award.

Full decision O/303/05 19Kb