MMI Research v Cellxion

The fresh evidence (manuals and floppy disk) is sufficiently indicative of possible prior public disclosure to warrant admission. The matter is remitted to the trial judge to determine the issues as precisely pleaded, limited to the scope set out by the court.

Parties: Appellant/defendant: MMI Research; Respondent/claimant: Cellxion
Jurisdiction: England and Wales
Judgment Date: 16 October 2009
Procedural Posture: Civil Appeal (patents) / Application for Permission to Appeal; Application to Admit Fresh Evidence
Outcome: Application to admit fresh evidence allowed; matter remitted to trial judge; application for permission to appeal adjourned
Legal Topics: Patent Validity, Admissibility of Fresh Evidence on Appeal, Obviousness, Novelty, Prior Use

Intellectual Property Law Civil Procedure Patent Validity Admissibility of Fresh Evidence on Appeal Obviousness Novelty Prior Use

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Parties

MMI Research

Appellant/defendant

Cellxion

Respondent/claimant

Procedural Posture

Civil Appeal (patents) / Application for Permission to Appeal; Application to Admit Fresh Evidence

Legal Issues

1 Whether fresh evidence relating to prior use and disclosure should be admitted on appeal
2 Whether the patent in suit lacks novelty due to prior public disclosure

Ratio Decidendi

Court Disposition

Application to admit fresh evidence allowed; matter remitted to trial judge; application for permission to appeal adjourned

Orders

Fresh evidence admitted as specified
Defendant to plead issues with precision