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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Tanktech Co. Ltd v Emil Aarestrup Sorensen (Patent) [2005] UKIntelP o03205 (4 February 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o03205.html
Cite as: [2005] UKIntelP o03205, [2005] UKIntelP o3205

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Tanktech Co. Ltd v Emil Aarestrup Sorensen [2005] UKIntelP o03205 (4 February 2005)

For the whole decision click here: o03205

Patent decision

BL number
O/032/05
Concerning rights in
EP(UK) 0460082
Hearing Officer
Mr D J Barford
Decision date
4 February 2005
Person(s) or Company(s) involved
Tanktech Co. Ltd v Emil Aarestrup Sorensen
Provisions discussed
PA 1977 Section 71
Keywords
Costs, Infringement, Withdrawal
Related Decisions
None

Summary

The claimant (Tanktech Co. Ltd) withdrew an application under section 71 for a declaration of non-infringement in view of a favourable finding on a related case in a Norwegian court.

The defendant (Emil Aarestrup Sorensen) submitted that the application had been brought in bad faith with no bona fide belief of success, and that in consequence the defendant should receive an award of costs representing its actual costs rather than a sum based on the standard published scale. The claimant returned the allegation of bad faith and requested that the claimant's request for costs be dismissed.

The hearing officer decided that the defendant was entitled to an award of costs, but that the circumstances were not such as to justify departure from the scale.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o03205.html