Source: All England Reporter
Publisher Citation: [2005] All ER (D) 358 (Nov)
Court: Chancery Division

Kitchin J

Representation Douglas Campbell (instructed by Wragge & Co) for the claimant.
  Andrew Lykiardopolous (instructed by Simmons & Simmons) for the defendant.
Judgment Dates: 25 November 2005


Patent - Practice - Proceedings for infringement or revocation of patent - Pleadings - Application for amendment of defence - Whether proposed amendment having real prospect of success - , s 64.

The Case

The overriding requirement of s64 of the was that a defendant establish that the activity which the defendant sought to undertake was substantially the same as the activity it had undertaken prior to the priority date, or had made effective and serious preparations to do such an act.

Practice Areas

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