New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Patent opposition

Legal area

Court

16 Sept 2013

MERIAL LIMITED v BAYER NEW ZEALAND LIMITED [2013] NZHC 2418

Citation

[2013] NZHC 2418
Court

High Court

The stay was refused because the IPONZ opposition does not necessarily determine the central issues in the High Court proceedings (misuse of confidential information and damages), there is only limited overlap confined to entitlement, the plaintiffs delayed and previously sought the IPONZ stay themselves, and given the stage of litigation and defendants' preparation the interests of justice do not support a stay.
16 May 2011

TIMTECH CHEMICALS LIMITED V OSMOSE NEW ZEALAND LIMITED HC WN CIV 2010-485-2487

Citation

openlaw-e7846ab7_892c_4279_80e4_ffb51829aa1b.pdf
Court

High Court

Application refused because nearly all proposed evidence was not 'new' (could with reasonable diligence have been discovered earlier), much of it related to prior use which was not pleaded and thus irrelevant to the available grounds of appeal, and admission would produce a substantially new case undermining the statutory opposition process and interests of justice; revocation proceedings remain the correct vehicle for the substantive challenges.