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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> A M Medical Fabrics Limited v Technology Fund Pte Ltd (Patent) [2004] UKIntelP o09604 (5 April 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o09604.html Cite as: [2004] UKIntelP o09604, [2004] UKIntelP o9604 |
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For the whole decision click here: o09604
Summary
The patent was assigned from A M Medical Fabrics to Technology Fund by virtue of a deed of assignment dated 22 April 2002. The making of this assignment arose from the terms of a loan facility agreement and a debenture between the parties in Singapore. A M Medical Fabrics has argued that the deed was invalid and that the patent should accordingly be assigned back to them. The validity of the deed was tested in the High Court of the Republic of Singapore and that court ruled that the deed of assignment was valid. A M Medical Fabrics has not appealed against that judgment, the period in which such an appeal could have been made has expired and they have not submitted any arguments or evidence which would persuade me that I should disregard that judgment. Technology Fund has argued that an event of default under the loan facility occurred when a winding up petition was filed against A M Medical Fabrics and that once that had occurred they were empowered by the debenture to make the assignment. A M Medical Fabrics did not file any evidence in reply to the case made by Technology Fund. In proceedings under section 317(1) the onus is on the Claimant to show that they are entitled to the relief sought. A M Medical Fabrics was found not have made its case and no order was made.
