||All England Reporter
|| All ER (D) 358 (Nov)
||Douglas Campbell (instructed by Wragge & Co) for the claimant.
||Andrew Lykiardopolous (instructed by Simmons & Simmons) for the defendant.
||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 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.
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