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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 >> Portasilo Limited and Manchester Cabins Limited (Patent) [2009] UKIntelP o11909 (6 May 2009) URL: http://www.bailii.org/uk/cases/UKIntelP/2009/o11909.html Cite as: [2009] UKIntelP o11909 |
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For the whole decision click here: o11909
Summary
In a request for a declaration of non-infringement, the defendant sought to have the action struck out since it alleged i) that the claimant had failed to file “full particulars” as required by section 71 and ii) that the claimant was making a generalised attack on validity which was not permitted under section 71. The hearing officer found that a claimant was not permitted to make a generalised attack on validity but must in all cases provide “full particulars” of the potentially infringing act. Where validity was in issue, the particulars must be sufficiently detailed for the proprietor and the comptroller to assess whether the act did or did not infringe any of the claims which, in the light of its assertions as to validity, might be found to be valid. He permitted the claimant an opportunity to file further particulars but ordered costs against the claimant for unnecessarily precipitating the hearing by choosing to run the action in the way it had.
