Patent decision

BL number
O/309/05
Concerning rights in
EP 01945162.4 (EP 1290860) and PCT/EP 01/05738 (WO 01/91428)
Hearing Officer
Mr D J Barford
Decision date
25 November 2005
Person(s) or Company(s) involved
Eveline Wesby-Van Swaay v Actineon Inc
Provisions discussed
PA.1977 sections 12, 82
Keywords
Entitlement
Related Decisions
None

Summary

In response to the filing of a reference under section 12 by the claimant, the defendant - a company based in California - submitted that the comptroller had no jurisdiction and should decline to deal under section 12(2). The claimant opposed that request.

Held that it would not be right to decline to deal since, although the issues in question are complex, they are not foreign to proceedings before the comptroller, and moreover the claimant is a private litigant to whom the question of costs is a significant issue.

Full decision O/309/05 PDF document26Kb