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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> 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.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o11611.html