The court granted an order allowing amendments applied for, but then to give the applicant a period of time in which to consider, in light of the amendments, whether it wished to maintain that the patent or design in suit was valid and continue with the infringement action or whether it wished to consent to the revocation of the patent or design, with protection from an adverse costs order.
Citations:
(1933) 50 RPC 56
Citing:
Cited – Baird v Moule’s Patent Earth Closet Co Ltd CA 3-Feb-1876
Where a patentee sues for infringement and then discontinues his claim against the alleged infringer and consents to the revocation of his patent, he may yet require the alleged infringer to pay a substantial proportion of his costs if he can show . .
Cited by:
Cited – Fresenius Kabi Deutschland Gmbh and Others v Carefusion 303 Inc CA 8-Nov-2011
The parties had litigated the validity of a patent. . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 04 May 2022; Ref: scu.448481