British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
United Kingdom Intellectual Property Office Decisions
You are here:
BAILII >>
Databases >>
United Kingdom Intellectual Property Office Decisions >>
Loadhog Limited v Polymer Logistics BV (Patent) [2009] UKIntelP o27409 (8 September 2009)
URL: http://www.bailii.org/uk/cases/UKIntelP/2009/o27409.html
Cite as:
[2009] UKIntelP o27409
[
New search]
[
Printable PDF version]
[
Help]
Loadhog Limited v Polymer Logistics BV [2009] UKIntelP o27409 (8 September 2009)
For the whole decision click here: o27409
Patent decision
- BL number
- O/274/09
- Concerning rights in
- GB 2440699 B
- Hearing Officer
- Mr S Probert
- Decision date
- 8 September 2009
- Person(s) or Company(s) involved
- Loadhog Limited v Polymer Logistics BV
- Provisions discussed
- Section 72, rule 83
- Keywords
- Revocation, Striking out
- Related Decisions
- None
Summary
Summary: This preliminary decision concerns a request to strike out part(s) of the claimant’s statement of case. In the part(s) of the statement in question, the claimant asserted that the defendant had introduced one or more features to the claims of the patent only after the claimant’s own patent application had been published and the defendant had become aware of the claimant’s corresponding product.
However, the amendments had been made prior to grant and in any event, they appeared to narrow the scope of the claims. Even if the claims had been deliberately narrowed in the direction of the claimant’s product, that did not give rise to a cause for revocation under section 72. Consequently the Hearing Officer struck out the parts of the statement in question.