No Bespeak To Expect For Munich, English Patent Courtroom Says

Another curt together with sweetness banknote from the LexisNexis Butterworths All England Direct subscription-only service: Canady v Erbe Elektromedizin GMBH together with others, a Patents Court ruling yesterday yesteryear Mr Justice Laddie.

Canady owned a European patent designating the UK, which was opposed yesteryear Erbe earlier the European Patent Office (EPO). The EPO Opposition Division dismissed the opposition, whereupon Erbe appealed to the EPO Technical Board of Appeal. If Erbe won the appeal, the termination of which was expected inwards July 2005, the Board was expected to remit the opposition for farther consideration on its merits. Canady afterward brought infringement proceedings inwards the U.K. against the 3rd accused (a wholly owned subsidiary of O, a Japanese electronics company). The 3rd accused applied for either (i) a rest of the infringement proceedings until the Technical Board of Appeal of the EPO's ruling or (ii) a rest pending the termination of an application to bring together O Corp equally 4th defendant. The 3rd defendant’s application was neither opposed nor supported yesteryear the other defendants.

Laddie J dismissed the application, since in that place was was no reason on which to grant a stay. There was nix to orbit yesteryear staying infringement proceedings until the Technical Board of Appeal determined the hereafter deport of the opposition proceedings, spell a rest pending the decision of the application for joinder was unnecessary since O’s defense forcefulness was probable to move the same equally that operate yesteryear the 3rd defendant.

EPO Board of Appeal members racing to stimulate upwardly one's heed a European patent opposition

agrees that in that place would move nix to orbit from granting the rest -- unless prevarication together with delay could move said to move utilisation of a feasible concern strategy. It's but a shame, though, that the resolution of opposition proceedings earlier the EPO takes together with then long. This dry reason of affairs is commercially damaging together with stressful for patent owners together with their opponents to care with: urgent attending should move given to this deficiency inwards the patent system.

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