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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Intel Corporation v Via Technologies Inc. (Patent) [2003] UKIntelP o08703 (2 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o08703.html
Cite as: [2003] UKIntelP o08703, [2003] UKIntelP o8703
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Intel Corporation v Via Technologies Inc. [2003] UKIntelP o08703 (2 April 2003)
For the whole decision click here: o08703
Patent decision
- BL number
- O/087/03
- Concerning rights in
- EP(UK)0804763
- Hearing Officer
- Mr P Hayward
- Decision date
- 2 April 2003
- Person(s) or Company(s) involved
- Intel Corporation v Via Technologies Inc.
- Provisions discussed
- PA1977 section 27
- Keywords
- Amendment
- Related Decisions
- [2002] UKIntelP o26802, [2002] UKIntelP o48802
Summary
Intel applied to amend patent No EP(UK)0804763 following discontinuation of a High Court action in which the amendments were originally put forward. Via opposed on validity and discretionary grounds but immediately sought a mechanism to pursue only the discretionary grounds without being estopped from pursuing the validity grounds in future. This resulted in the Order of 6 September 2001 excluding the validity issues, so the present decision was only concerned with whether there were grounds for declining to exercise the comptrollers discretion to allow the amendments. On this, Via were unsuccessful in their allegations that Intel knew of a certain passage in a book substantially before they applied to amend, that Intel had not given proper reasons for the amendments, and that they had misused a disclosure order in related proceedings in Singapore delay in framing the amendments. The hearing officer also rejected Vias allegations that Intel had not made adequate investigations to find out just how the book came to include this passage. The amendments were allowed.