Patent decision

BL number

O/461/11

Concerning rights in

US Patent Applications: 11/464331, 12/031500, 11/848775 & 12/716033 International Patent Applications: PCT/US2007/075330 & PCT/US2008/074623 European Patent Applications: EP07840732 & EP08829058 Applications derived or claiming priority from one of more of the above: AR2007P103594, CA20072662823, CA20082696827, CN20088112696, MX2010002334, MX20090001695, RU20090109142, TW20070129796 & ZA20090001234

Hearing Officer

Mr S Probert

Decision date

16 December 2011

Person(s) or Company(s) involved

Innovia Films Ltd

Provisions discussed

Section 12(2)

Keywords

Decline to deal, Entitlement

Related Decisions

None

Summary

The referrer requested that the comptroller decline to deal with this reference under section 12 in view of High Court proceedings issued against the registered proprietor of the applications. The registered proprietor has also issued proceedings against the referrer in Texas. The registered proprietor intends to challenge the jurisdiction of the UK High Court on the grounds that the dispute relates to an alleged breach of confidence, with all of the relevant acts having taken place in the USA, involving exclusively US entities who had entered into a Delaware law non-disclosure agreement (which is relied upon by the referrer).

In accordance with section 12(2), the Hearing Officer declined to deal with the reference.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o46111.html