NGOPD Global Ltd v Aspirate N Go Ltd

The complexity and scope of the non-patent law issues, the number of witnesses, the need for properly policed disclosure, and the commercial significance of the patents make the case more properly determined by the High Court rather than the IPO. The hearing officer failed to appreciate the complexity and misapplied the relevant factors.

Parties: Claimant/respondent: NGPOD Global Limited; Defendant/appellant: Aspirate N Go Limited
Jurisdiction: England and Wales
Judgment Date: 02 December 2016
Procedural Posture: Appeal / Judgment
Outcome: Appeal allowed
Legal Topics: Patent Entitlement, Jurisdiction, Complexity Assessment, Non Patent Law Issues, Costs Regime

Intellectual Property Patent Law Patent Entitlement Jurisdiction Complexity Assessment Non Patent Law Issues Costs Regime

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Parties

NGPOD Global Limited

Claimant/respondent

Aspirate N Go Limited

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the IPO hearing officer should decline jurisdiction in favour of the High Court under section 37(8) and section 12(2) of the Patents Act 1977
2 Complexity and appropriateness of forum for patent entitlement proceedings involving non-patent law issues

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The Comptroller should decline to deal with the case; it is more properly determined by the court.