The purpose of a Scott-Paine order is to impose on a party attacking the validity of a patent the obligation to take reasonable steps to ensure that the full attack is put before the patentee at the earliest time. The imposition of that obligation is said to be justified by the ‘notorious expense and legal complexity’ of patent actions. The onus of proving that new material could not have been found with reasonable diligence lies on the defendant.
(1986) RPC 556
England and Wales
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: 01 November 2021; Ref: scu.448484