BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Airscience Technology International Ltd v Wallenius Water AB (Patent) [2013] UKIntelP o35013 (29 August 2013) URL: http://www.bailii.org/uk/cases/UKIntelP/2013/o35013.html Cite as: [2013] UKIntelP o35013 |
||
[New search] [Printable PDF version] [Help]
Summary
The defendant/patentee in this action for revocation submitted that the claimant should be estopped from continuing on the grounds that validity had already been put at issue in two previous proceedings for infringement in which the present claimant (or a predecessor company) had been the defendant. Additionally it was argued that the claim was an abuse of process as an attempt to re-litigate a matter that had been decided. It was decided that although the question of validity had been referred to in papers filed with the court, in neither case had a defence been made and it could not be said that validity had been properly before the court. The question was not therefore res judicata between the parties and the claim was allowed to continue.
