A threats of an infringement claim regarding acts of the addressee between the Patent application being filed and the grant of the patent are actionable under the threat action procedure.
Citations:
Ind Summary 18-Apr-1995
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal From – Brain v Ingledew Brown Benson and Garrett and Another CA 1996
The defendant firm of solicitors had acted for a Danish Research Institute. They wrote to several parties regarding a patent. B initiated a threat action. IBB appealed against an order striking out their defence, saying that the issue of whether . .
See Also – Brain v Ingledew Brown Bennison and Garrett (A Firm) (No 3) ChD 1997
The meaning of an alleged threat is to be decided in accordance with the understanding of an ordinary recipient in the position of the applicant, reading the letter in the normal course of business. Laddie J said: ‘the meaning and impact of the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 08 April 2022; Ref: scu.78553