Technetix BV & Anor v Teleste Ltd [2019] EWHC 928 (Pat) (03 April 2019)

Technetix BV & Anor v Teleste Ltd [2019] EWHC 928 (Pat) (03 April 2019)

The selection by Technetix of claim 1 as independently valid was not an admission but a procedural selection; even if it were an admission, the balance of prejudice and interests of justice favour granting permission to proceed with the amendment and, if necessary, withdrawal of the admission.

Citation
[2019] EWHC 928 (Pat)
Parties
Claimant: Technetix B.V.; Claimant: Technetix Limited; Defendant: Teleste Limited
Jurisdiction
England and Wales
Judgment Date
03 April 2019
Procedural Posture
Patent Action / Pre Trial Review
Outcome
Permission granted for Technetix to proceed with its unconditional application to amend the patent.
Legal Topics
Patent Amendment, Withdrawal of Admissions, Case Management, Validity of Patent Claims
Intellectual Property Patents Patent Amendment Withdrawal of Admissions Case Management Validity of Patent Claims

Case Brief

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Parties

Technetix B.V.

Claimant

Technetix Limited

Claimant

Teleste Limited

Defendant

Procedural Posture

Patent Action / Pre Trial Review

Legal Issues

  1. 1 Whether Technetix's selection of claim 1 as independently valid constituted an admission that other claims were not independently valid
  2. 2 Whether Technetix should be permitted to amend the patent to delete claim 1 and amend claim 2
  3. 3 Whether permission should be granted to withdraw an alleged admission

Ratio Decidendi

The selection by Technetix of claim 1 as independently valid was not an admission but a procedural selection; even if it were an admission, the balance of prejudice and interests of justice favour granting permission to proceed with the amendment and, if necessary, withdrawal of the admission.

Court Disposition

Permission granted for Technetix to proceed with its unconditional application to amend the patent.

Orders

  • Technetix granted permission to go forward with its unconditional application to amend the patent.
  • Court to hear submissions on directions to minimise wasted costs, particularly with Teleste's interests in mind.