Alcatraz Intergrated Intelligent Systems (Pty) Ltd v Intergra-Set (Pty) Ltd (4260/2005) [2010] ZACCP 8; 2010 BIP 94 (CP) (8 October 2010)

Alcatraz Intergrated Intelligent Systems (Pty) Ltd v Intergra-Set (Pty) Ltd (4260/2005) [2010] ZACCP 8; 2010 BIP 94 (CP) (8 October 2010)

The court found that the previous judgment by Southwood J was a final and definitive adjudication on the merits of the patent's validity, involving the same parties and cause of action. The grounds raised by the applicant for deviation from res judicata were rejected, as the previous proceedings addressed both novelty and inventive step, and the applicant's failure to present all evidence was their own misfortune. Section 74(2) of the Patents Act does not permit repeated challenges by the same party. No exceptional circumstances justified deviation from the rule. The application for revocation was therefore barred by res judicata and dismissed with costs on the attorney and client scale...

Citation
[2010] ZACCP 8
Parties
Applicant: Alcatraz Intergrated Intelligent Systems (Pty) Ltd; Respondent: Intergra-Set (Pty) Ltd
Court
Court of the Commissioner of Patents
Jurisdiction
South Africa
Judgment Date
8 October 2010
Case Number
4260/2005
Procedural Posture
Review Application / Judgment
Outcome
Application for revocation of SA Patent number 4260/2005 dismissed with costs on the attorney and client scale.
Judges
T M Makgoka
Legal Topics
Patent Revocation, Res Judicata, Novelty Requirement, Inventive Step, Costs Award
Intellectual Property Patent Revocation Res Judicata Novelty Requirement Inventive Step Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Alcatraz Intergrated Intelligent Systems (Pty) Ltd

Applicant

Intergra-Set (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the application for revocation of patent number 4260/2005 is barred by res judicata.
  2. 2 Whether the grounds of lack of novelty and inventive step have already been finally adjudicated between the parties.
  3. 3 Whether exceptional circumstances exist to deviate from the application of the res judicata rule.

Ratio Decidendi

The court found that the previous judgment by Southwood J was a final and definitive adjudication on the merits of the patent's validity, involving the same parties and cause of action. The grounds raised by the applicant for deviation from res judicata were rejected, as the previous proceedings addressed both novelty and inventive step, and the applicant's failure to present all evidence was their own misfortune. Section 74(2) of the Patents Act does not permit repeated challenges by the same party. No exceptional circumstances justified deviation from the rule. The application for revocation was therefore barred by res judicata and dismissed with costs on the attorney and client scale...

Court Disposition

Application for revocation of SA Patent number 4260/2005 dismissed with costs on the attorney and client scale.

Orders

  • The application for revocation of SA Patent number 4260/2005 is dismissed with costs, such costs to be taxed on the scale as between attorney and client.