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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Eastman Kodak Company v American Photo Booths, Inc (Patent) [2002] UKIntelP o14502 (4 April 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o14502.html
Cite as: [2002] UKIntelP o14502
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Eastman Kodak Company v American Photo Booths, Inc [2002] UKIntelP o14502 (4 April 2002)
For the whole decision click here: o14502
Patent decision
- BL number
- O/145/02
- Concerning rights in
- GB 2314719
- Hearing Officer
- Mr D J Barford
- Decision date
- 4 April 2002
- Person(s) or Company(s) involved
- Eastman Kodak Company v American Photo Booths, Inc
- Provisions discussed
- PA 1977 section 72
- Keywords
- Amendment, Revocation
- Related Decisions
- None
Summary
The claimant sought discretion to amend its statement and include additional grounds for revocation under section 72(a) and (c), on the basis that the counterstatement had raised new issues. The request was opposed by the defendant.
It was held that the no new issues were raised in the counterstatement, that the new grounds could have been raised at the outset and that the defendant had not exercised due diligence. However, it was also held that inclusion of the new grounds would not alter the essential nature of the proceedings, that the public interest would be best served by taking all issues into account and that the defendant would not be significantly disadvantaged thereby. In consequence inclusion of the new grounds was allowed.