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United Kingdom Intellectual Property Office Decisions
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Eveline Wesby -Van Swaay v Actineon Inc (Patent) [2005] UKIntelP o30905 (25 November 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o30905.html
Cite as:
[2005] UKIntelP o30905
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Eveline Wesby-Van Swaay v Actineon Inc [2005] UKIntelP o30905 (25 November 2005)
For the whole decision click here: o30905
Patent decision
- BL number
- O/309/05
- Concerning rights in
- EP 01945162.4 (EP 1290860) and PCT/EP 01/05738 (WO 01/91428)
- Hearing Officer
- Mr D J Barford
- Decision date
- 25 November 2005
- Person(s) or Company(s) involved
- Eveline Wesby-Van Swaay v Actineon Inc
- Provisions discussed
- PA.1977 sections 12, 82
- Keywords
- Entitlement
- Related Decisions
- None
Summary
In response to the filing of a reference under section 12 by the claimant, the defendant - a company based in California - submitted that the comptroller had no jurisdiction and should decline to deal under section 12(2). The claimant opposed that request.
Held that it would not be right to decline to deal since, although the issues in question are complex, they are not foreign to proceedings before the comptroller, and moreover the claimant is a private litigant to whom the question of costs is a significant issue.