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United Kingdom Intellectual Property Office Decisions
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Vibriant Technology Services Ltd and Protex Healthcare UK Ltd (Patent) [2006] UKIntelP o26106 (15 September 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o26106.html
Cite as:
[2006] UKIntelP o26106
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Vibriant Technology Services Ltd and Protex Healthcare UK Ltd [2006] UKIntelP o26106 (15 September 2006)
For the whole decision click here: o26106
Patent decision
- BL number
- O/261/06
- Concerning rights in
- GB 2356145 B
- Hearing Officer
- Mr S Probert
- Decision date
- 15 September 2006
- Person(s) or Company(s) involved
- Vibriant Technology Services Ltd and Protex Healthcare UK Ltd
- Provisions discussed
- Section 72
- Keywords
- Striking out
- Related Decisions
- None
Summary
A preliminary decision following a case management conference. Concerns a dispute between the parties over an amendment to the statement of case, and the relevance and admissibility of late evidence. Also deals with a request for striking out part of the claimant’s evidence and whether there was an error in the evidence.
The inventor has provided evidence in support of the claimant’s allegation of prior use, but the proprietor of the patent was objecting that the allegation of prior use had not been sufficiently identified to enable them to understand the case it was required to meet. The Hearing Officer decided that the claimant had done everything it could to particularise the prior use claim.