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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Elsworth Ethanol Company Limited v Ensus Limited (Patent) [2013] UKIntelP o52213 (30 December 2013)
URL: http://www.bailii.org/uk/cases/UKIntelP/2013/o52213.html
Cite as: [2013] UKIntelP o52213

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Elsworth Ethanol Company Limited v Ensus Limited (Patent) [2013] UKIntelP o52213 (30 December 2013)

Patent decision

BL number
O/522/13
Concerning rights in
EP2007897 B1 and PCT/GB2007/001060
Hearing Officer
Mr A C Howard
Decision date
30 December 2013
Person(s) or Company(s) involved
Elsworth Ethanol Company Limited v Ensus Limited
Provisions discussed
Sections 12, 37
Keywords
Decline to deal, Entitlement
Related Decisions
None

Summary

The claimant requested that the Comptroller decline to deal with this entitlement action on the grounds that there were overlapping proceedings before the Court involving complex legal issues including a breach of fiduciary duty. Following the judgment in Luxim Corp v Ceravision Ltd [2007] EWHC 1624 (Ch), [2007] RPC 33, the hearing officer decided that the matter would be more properly decided by the Court and declined to deal with the application.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2013/o52213.html