The issue of loss in a prior patent challenge is res judicata in later proceedings despite the presence of experimental difficulties leading to ipossibly severe time limits. A patent applicant has no duty to inform the Patent Office of matters surrounding his application over and beyond a general duty of good faith.
Aldous J
Ind Summary 11-Apr-1994, Ind Summary 11-Apr-1994, Times 17-Feb-1994, [1994] FSR 458
Patents Act 1977 63(2)
England and Wales
Citing:
See Also – Chiron v Murex CA 18-Oct-1993
It was for a judge to identify the real issues, and he may strike out parts of the defence and refuse amendments. . .
See Also – Chiron Corporation and Others v Murex Diagnostics Ltd CA 14-Oct-1994
ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of . .
See Also – Chiron Corporation v Organon Teknika (No 2) CA 1993
Section 44 could be used in a patent contract dispute even though the patent at issue was governed by the law of a foreign state which would not itself have applied that section. . .
Cited by:
Cited – Kirin Amgen Inc and others v Hoechst Marion Roussel Ltd and others CA 31-Jul-2002
The claimants sought damages for infringement of their patent. The defendants denied infringement, and sought a revocation of the patent.
Held: The patent concerned gene technology. Although an error had been made, the patent was valid, since . .
See Also – Chiron Corporation and Others v Murex Diagnostics Ltd CA 14-Oct-1994
ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of . .
See Also – Chiron Corporation and Others v Murex Diagnostics Ltd (No 11) ChD 15-Mar-1996
A large interim award of damages can be proper if it is less than the likely damages which would be awarded at trial despite their remaining outstanding issues of fact to be decided. . .
These lists may be incomplete.
Updated: 21 June 2021; Ref: scu.79094
