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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Ingenico (UK) Limited and Pendawell 2007 Ltd (Patent) [2007] UKIntelP o11307 (24 April 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o11307.html
Cite as: [2007] UKIntelP o11307
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Ingenico (UK) Limited and Pendawell 2007 Ltd [2007] UKIntelP o11307 (24 April 2007)
For the whole decision click here: o11307
Patent decision
- BL number
- O/113/07
- Concerning rights in
- GB 2360867
- Hearing Officer
- Mr P Back
- Decision date
- 24 April 2007
- Person(s) or Company(s) involved
- Ingenico (UK) Limited and Pendawell 2007 Ltd
- Provisions discussed
- Rule 3.9 Civil Procedure Rules
- Keywords
- Delay, Evidence
- Related Decisions
- [2006] UKIntelP o02206
Summary
This was a preliminary decision in a case for revocation in which the patent proprietor (defendant) had recently changed. The defendant made a request to file further evidence relating to the identity of the skilled person, which they claimed had been raised for the first time in the claimant’s evidence in reply. The claimant objected, noting that the date set for the main hearing was imminent and the defendants had been in possession of the evidence in reply for several months. Considering the request in the light of the criteria set out in rule 3.9 of the Civil Procedure Rules, the hearing officer agreed to the defendant’s request but gave the claimants an opportunity to file a response to the defendant’s further evidence before the main hearing.