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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Tanktech Co. Ltd v Emil Aarestrup Sorensen (Patent) [2005] UKIntelP o03205 (4 February 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o03205.html
Cite as: [2005] UKIntelP o3205, [2005] UKIntelP o03205
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Tanktech Co. Ltd v Emil Aarestrup Sorensen [2005] UKIntelP o03205 (4 February 2005)
For the whole decision click here: o03205
Patent decision
- BL number
- O/032/05
- Concerning rights in
- EP(UK) 0460082
- Hearing Officer
- Mr D J Barford
- Decision date
- 4 February 2005
- Person(s) or Company(s) involved
- Tanktech Co. Ltd v Emil Aarestrup Sorensen
- Provisions discussed
- PA 1977 Section 71
- Keywords
- Costs, Infringement, Withdrawal
- Related Decisions
- None
Summary
The claimant (Tanktech Co. Ltd) withdrew an application under section 71 for a declaration of non-infringement in view of a favourable finding on a related case in a Norwegian court.
The defendant (Emil Aarestrup Sorensen) submitted that the application had been brought in bad faith with no bona fide belief of success, and that in consequence the defendant should receive an award of costs representing its actual costs rather than a sum based on the standard published scale. The claimant returned the allegation of bad faith and requested that the claimant's request for costs be dismissed.
The hearing officer decided that the defendant was entitled to an award of costs, but that the circumstances were not such as to justify departure from the scale.