MMI Research v Cellxion [2009] EWCA Civ 1120 (16 October 2009)

MMI Research v Cellxion [2009] EWCA Civ 1120 (16 October 2009)

The fresh evidence (manuals and floppy disk) is sufficiently credible and relevant to the issue of prior public disclosure that it should be admitted. The matter is remitted to the trial judge to determine the issues as pleaded, with strict limitations on further amendments.

Citation
[2009] EWCA Civ 1120
Parties
Appellant/defendant: MMI Research; Respondent: Cellxion
Jurisdiction
England and Wales
Judgment Date
16 October 2009
Procedural Posture
Patent Appeal / Application for Permission to Appeal and 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, Obviousness, Prior Use, Admissibility of Fresh Evidence
Intellectual Property Patents Patent Validity Obviousness Prior Use Admissibility of Fresh Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

MMI Research

Appellant/defendant

Cellxion

Respondent

Procedural Posture

Patent Appeal / Application for Permission to Appeal and Application to Admit Fresh Evidence

Legal Issues

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

Ratio Decidendi

The fresh evidence (manuals and floppy disk) is sufficiently credible and relevant to the issue of prior public disclosure that it should be admitted. The matter is remitted to the trial judge to determine the issues as pleaded, with strict limitations on further amendments.

Court Disposition

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

Orders

  • Fresh evidence admitted
  • Defendant to plead issues with precision