Monkey Tower Limited v Ability International Limited [2014] EWHC 18 (Pat) (24 January 2014)

Monkey Tower Limited v Ability International Limited [2014] EWHC 18 (Pat) (24 January 2014)

The Hearing Officer was correct to afford the patentee an opportunity to request amendments within six weeks of the decision, given the consent to a decision without oral hearing, the limited written submissions, the technical simplicity of the patent and prior art, and the limited likelihood of extensive re-litigation. Procedural fairness in the context of Patent Office revocation proceedings justified the exercise of discretion to allow further amendment opportunity.

Citation
[2014] EWHC 18 (Pat)
Parties
Applicant: Monkey Tower Limited; Patentee: Ability International Limited
Jurisdiction
England and Wales
Judgment Date
24 January 2014
Procedural Posture
Patent Revocation Appeal / Appeal From Decision of Hearing Officer Acting for the Comptroller
Outcome
Appeal dismissed
Legal Topics
Patent Revocation, Amendment of Patent Claims, Procedural Fairness, Exercise of Discretion Under Patents Act 1977 Section 75
Intellectual Property Patent Law Patent Revocation Amendment of Patent Claims Procedural Fairness Exercise of Discretion Under Patents Act 1977 Section 75

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Parties

Monkey Tower Limited

Applicant

Ability International Limited

Patentee

Procedural Posture

Patent Revocation Appeal / Appeal From Decision of Hearing Officer Acting for the Comptroller

Legal Issues

  1. 1 Whether the Hearing Officer erred in law or principle by allowing the patentee a further opportunity to propose amendments to the patent after a finding of invalidity
  2. 2 Whether procedural fairness required refusal of further amendment opportunity in revocation proceedings before the Comptroller

Ratio Decidendi

The Hearing Officer was correct to afford the patentee an opportunity to request amendments within six weeks of the decision, given the consent to a decision without oral hearing, the limited written submissions, the technical simplicity of the patent and prior art, and the limited likelihood of extensive re-litigation. Procedural fairness in the context of Patent Office revocation proceedings justified the exercise of discretion to allow further amendment opportunity.

Court Disposition

Appeal dismissed

Orders

  • The patentee (AIL) is afforded an opportunity to request amendments to the patent within six weeks of the decision under appeal.