Source: All England Reporter
Publisher Citation: [2001] All ER (D) 179 (Feb)
Court: Chancery Division
Judge:

Pumfrey J

Representation Richard Arnold QC (instructed by Taylor Joynson Garrett) for CIL.
  Martin Howe QC (instructed by Lane & Partners) for V Ltd.
Judgment Dates: 15 February 2001

Catchwords

Patent - Amendment - Opposition to amendment - Defendant applying to amend particulars of objection two weeks before trial - Reliance on prior art - Whether amendments should be allowed - Whether See v Scott-Paine order appropriate.

The Case

A See v Scott-Paine order could seriously affect the freedom of a party attacking the validity of a patent to run the best possible case. The implication of such an order had to be considered against the background and circumstances of a particular case.

Practice Areas

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