Kennametal Inc v Pramet Tools Sro & Anor [2014] EWHC 1438 (Pat) (01 April 2014)

Kennametal Inc v Pramet Tools Sro & Anor [2014] EWHC 1438 (Pat) (01 April 2014)

A stay of the order for revocation is not justified where UK proceedings have concluded with a final judgment and no appeal is pending, and where the patentee did not seek to amend or assert the relevant claims during those proceedings.

Citation
[2014] EWHC 1438 (Pat)
Parties
Claimant: KENNAMETAL INC; Defendant: PRAMET TOOLS SRO; Defendant: ASSOCIATED PRODUCTIONS TOOLS LIMITED
Jurisdiction
England and Wales
Judgment Date
01 April 2014
Procedural Posture
Patent Revocation / Application for Stay of Revocation Order Pending EPO Amendment Proceedings
Outcome
Application for stay of revocation refused
Legal Topics
Patent Revocation, Central Amendment in EPO, Stay of Proceedings, Finality of Judgment
Intellectual Property Patents Patent Revocation Central Amendment in EPO Stay of Proceedings Finality of Judgment

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Parties

KENNAMETAL INC

Claimant

PRAMET TOOLS SRO

Defendant

ASSOCIATED PRODUCTIONS TOOLS LIMITED

Defendant

Procedural Posture

Patent Revocation / Application for Stay of Revocation Order Pending EPO Amendment Proceedings

Legal Issues

  1. 1 Whether to stay the order for revocation of a UK patent pending the outcome of central amendment proceedings in the EPO after a final UK judgment of invalidity

Ratio Decidendi

A stay of the order for revocation is not justified where UK proceedings have concluded with a final judgment and no appeal is pending, and where the patentee did not seek to amend or assert the relevant claims during those proceedings.

Court Disposition

Application for stay of revocation refused

Orders

  • No stay of the order for revocation; revocation to proceed