Source: All England Reporter
Publisher Citation: [2005] All ER (D) 138 (Nov)
Court: Chancery Division
Judge:

Lewison J

Representation Richard Meade (instructed by Bristows) for the claimant.
Judgment Dates: 10 November 2005

Catchwords

Patent - Validity - Declaration - Claimant seeking declaration of invalidity of patent - Approach of court - Whether claimant entitled to declaration sought.

The Case

Following the introduction of the Civil Procedure Rules, , the court's reluctance to grant a declaration of invalidity in relation to a patent without a full investigation into the facts was diminished as a result of the requirement that the claim form and any grounds of invalidity had to be supported by a statement of truth. Where the court was to make a declaration in the absence of a full judgment, the terms of the declaration ought to make clear the basis on which the court had concluded that the patent was invalid.

Practice Areas

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