Patent decision

BL number

O/309/05

Concerning rights in

EP 01945162.4 (EP 1290860) and PCT/EP 01/05738 (WO 01/91428)

Hearing Officer

Mr D J Barford

Decision date

25 November 2005

Person(s) or Company(s) involved

Eveline Wesby-Van Swaay v Actineon Inc

Provisions discussed

PA.1977 sections 12, 82

Keywords

Entitlement

Related Decisions

None

Summary

In response to the filing of a reference under section 12 by the claimant, the defendant - a company based in California - submitted that the comptroller had no jurisdiction and should decline to deal under section 12(2). The claimant opposed that request.

Held that it would not be right to decline to deal since, although the issues in question are complex, they are not foreign to proceedings before the comptroller, and moreover the claimant is a private litigant to whom the question of costs is a significant issue.

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