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United Kingdom Intellectual Property Office Decisions
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Gerkros Boilers (Tipperary) Limited v Alley Enterprises Ltd (Patent) [2006] UKIntelP o08206 (23 March 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o08206.html
Cite as:
[2006] UKIntelP o08206,
[2006] UKIntelP o8206
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Gerkros Boilers (Tipperary) Limited v Alley Enterprises Ltd [2006] UKIntelP o08206 (23 March 2006)
For the whole decision click here: o08206
Patent decision
- BL number
- O/082/06
- Concerning rights in
- EP 0616676 B1
- Hearing Officer
- Mr P Back
- Decision date
- 23 March 2006
- Person(s) or Company(s) involved
- Gerkros Boilers (Tipperary) Limited v Alley Enterprises Ltd
- Provisions discussed
- PA 1977, section 72(7)
- Keywords
- Disclosure, Evidence, Jurisdiction, Revocation
- Related Decisions
- [2005] UKIntelP o30405, [2006] UKIntelP o02806
Summary
The defendant requested the Comptroller to:
i) give it direct access to CRE documents relating to the testing of the claimants boilers in 1997; and
ii) to decline to deal with the case under section 72(7)(b) on the grounds that the case involves serious allegations of perjury and fabrication of evidence and complexity.
The hearing officer directed that the defendant should have access to the CRE file or files relating to their inspection of the claimants boilers; and that the claimant withdraw its objections to Mr Brian Bailey and CRE Limited disclosing such file(s) to the defendant. The hearing officer held that it would not be right to decline to deal with the case because although the issues at stake are complex they are not foreign to proceedings before the comptroller.