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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Clear Focus Imaging Inc v Contra Vision Limited (Patent) [2005] UKIntelP o28705 (25 October 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o28705.html Cite as: [2005] UKIntelP o28705 |
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For the whole decision click here: o28705
Summary
The claimant, Clear Focus Imaging Inc, sought to introduce amended pleadings at a late stage in the proceedings. The amendments extend an existing attack on the validity of one claim on the ground that it involves added subject matter, to certain other claims dependant on it. They also adduce a new ground in relation to validity of certain claims, based on the change in the law in relation to product-by-process claims introduced by the judgment in Kirin-Amgen Inc v Hoechst Marion Roussel Ltd [2005] RPC 9 Notwithstanding a considerable presumption against the introduction of new pleadings at this stage, the Hearing Officer admitted the amendments on the basis that the first was trivial and the second was necessary to allow the case to be argued in relation to the law as it now stands.
