So far as patents are concerned, there is a rebuttable presumption in favour of staying English proceedings over EPO proceedings. This was an issue which might deserve consideration by the Court of Appeal.
Judges:
Lewison J
Citations:
[2007] EWHC 1416 (Pat)
Links:
Cited by:
Cited – Kitfix Swallow Group Ltd v Great Gizmos Ltd ChD 22-Nov-2007
The defendant sought a stay of the proceedings for trade mark infringement to allow an application at OHMI for the revocation of the trade mark to be decided.
Held: The court should be cautious before applying practice on patents where the . .
Appeal from – Glaxo Group Ltd v Genentech Inc and Another CA 31-Jan-2008
The validity of a patent was challenged at the same time in both UK and European courts. Mummery LJ discussed the inherent consequences of a race between the jurisdictions: ‘the possibility of the duplication of proceedings contesting the validity . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 11 July 2022; Ref: scu.253475