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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Asphalt Re -Lay Ltd and Nu-Phalt Limited (Patent) [2010] UKIntelP o04210 (4 February 2010)
URL: http://www.bailii.org/uk/cases/UKIntelP/2010/o04210.html
Cite as: [2010] UKIntelP o4210, [2010] UKIntelP o04210
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Asphalt Re-Lay Ltd and Nu-Phalt Limited [2010] UKIntelP o04210 (4 February 2010)
For the whole decision click here: o04210
Patent decision
- BL number
- O/042/10
- Concerning rights in
- GB 2418444 and GB 2392190
- Hearing Officer
- Mr P Thorpe
- Decision date
- 4 February 2010
- Person(s) or Company(s) involved
- Asphalt Re-Lay Ltd and Nu-Phalt Limited
- Provisions discussed
- Patents Act 1972
- Keywords
- Decline to deal, Revocation
- Related Decisions
- None
Summary
Both sides requested that the comptroller should decline to deal with a reference under section 72 in light of parallel proceedings in the Patents Court. The Hearing Officer concluded that it was clearly undesirable to have the same or largely similar issues litigated both before the comptroller and the court. He was satisfied that the question of whether these patents should be revoked was one which would now more properly be determined by the court. He therefore declined to deal with the reference.