Lundberg Son VVS-Produckter Ae and Zgp Limited (Patent): IPO 5 Mar 2010

The proprietor of the patent requested a review of Opinion 11/09 which found that its patent was not infringed. The request argued that the opinion wrongly concluded that there was no infringement because it had misunderstood how the alleged infringing product worked. Such an argument is however outside the scope of Rule 98(5)(b) which provides for a review only on the ground that the opinion wrongly concluded that a particular act did not or would not constitute an infringement of the patent by reason of its interpretation of the specification of the patent in suit. The request for a review was therefore dismissed.

Judges:

Mr P Thorpe

Citations:

[2010] UKIntelP o08010

Links:

Bailii

Statutes:

Patents Act 1977 74B

Jurisdiction:

England and Wales

Intellectual Property

Updated: 22 October 2022; Ref: scu.457895