Walker v Daxbourne Int Ltd

Walker v Daxbourne Int Ltd

The judge may have overstated the impact of the witnesses' admitted falsehoods in foreign proceedings, given the immateriality of the issue there and the passage of time. There is sufficient arguable merit to grant permission to appeal.

Parties
Appellant: Walker; Respondent: Daxbourne Int Ltd
Jurisdiction
England and Wales
Judgment Date
26 November 2009
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Patent Infringement, Prior Disclosure, Witness Credibility
Intellectual Property Patents Patent Infringement Prior Disclosure Witness Credibility

Case Brief

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Parties

Walker

Appellant

Daxbourne Int Ltd

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether there was prior public disclosure of the patented hair-piece before the priority date
  2. 2 Whether the credibility of the witnesses was fatally undermined by admitted false evidence in foreign proceedings

Ratio Decidendi

The judge may have overstated the impact of the witnesses' admitted falsehoods in foreign proceedings, given the immateriality of the issue there and the passage of time. There is sufficient arguable merit to grant permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted