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United Kingdom Intellectual Property Office Decisions
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Nash Matthews v Vitaflex Dr Walter Mauch GmbH (Patent) [2011] UKIntelP o11611 (31 March 2011)
URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o11611.html
Cite as:
[2011] UKIntelP o11611
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Nash Matthews v Vitaflex Dr Walter Mauch GmbH [2011] UKIntelP o11611 (31 March 2011)
For the whole decision click here: o11611
Patent decision
- BL number
- O/116/11
- Concerning rights in
- EP(UK) 1245167B
- Hearing Officer
- Mr S Probert
- Decision date
- 31 March 2011
- Person(s) or Company(s) involved
- Nash Matthews v Vitaflex Dr Walter Mauch GmbH
- Provisions discussed
- Section 29
- Keywords
- Oppositions, Surrender
- Related Decisions
- None
Summary
The patentee offered to surrender the patent, but an opponent (acting in the interests of an exclusive licensee) opposed the offer. The patentee and the exclusive licensee are both based in Germany, and are engaged in legal proceedings before the German courts over the ownership of the patent. The Hearing Officer was told that the German court proceedings would last until at least 2018. The German court has also issued an interim injunction prohibiting the patentee from disposing of the patent, and in particular, from surrendering the national parts of the patent. In the circumstances, the Hearing Officer refused the offer to surrender the patent.