Patent decision

BL number

O/304/05

Concerning rights in

EP 0616676

Hearing Officer

Mr P Back

Decision date

15 November 2005

Person(s) or Company(s) involved

Gerkros Boilers (Tipperary) Limited v Alley Enterprises Ltd

Provisions discussed

CPR Rule 31 as modified by paragraph 5 of the Practice Direction to Rule 63

Keywords

Confidentiality, Disclosure, Evidence, Revocation

Related Decisions

None

Summary

Several preliminary issues had arisen between the parties before the application for revocation was heard. The issues included: the inspection of boilers in Ireland; Alleys request for disclosure of details of brand names/trade marks used on various boilers sold by Gerkros; whether disclosure by Gerkros should be limited to standard disclosure or additional disclosure as requested by Alley; whether Gerkros should release a service test engineer (Mr Bailey) and a boiling testing facility (CRE) from a confidentiality agreement; and an extension of time for submission of Alleys evidence. The Hearing Officer held that:

1. A joint inspection of the boilers to take place to an agreed timetable with an expert, one legal representative, and one patent agent from each party and a Gerkros engineer being present with Alley given time to inspect the boilers in private.

2. The disclosure of information to Alley on brand names/trade marks by Gerkros was not justified.

3. In addition to any standard disclosure agreed between the parties, Gerkros to give further disclosure in respect of certain items.

4. Gerkros to withdraw its objections to Mr Bailey and CRE discussing their dealings with Gerkros with Alley regarding the issues in this case.

5. An extension of time for Alley to file evidence was acceptable in accordance with the wishes of both parties.