Publications
European IP Bulletin, Issue 7, December -
Patents
Patents
7. PATENT LITIGATION – A JOB FOR THE PROFESSIONALS
In Cintec
International Ltd v Parkes & Anr [2003] the Patents Court considered the
issues of granting remedy against various threats of patent infringement
made by the defendants. The defendants stated to a potential customer that
it would sue the claimant if the alleged infringements continued. This
threat, among others, was actionable. However, as an essential element of
the patents was missing there was no actual infringement.
The interest in this case is the illustration it provides on the perils of
representing one’s self in the highly complex world of a patent infringement
lawsuit. Two individual defendants were sued by a corporate claimant, and
chose to act as litigants in person instead of obtaining legal
representation, despite contrary advice from the Judge.
In the ensuing case, the defendants raised several claims (to counter those
of the claimants), which would not have been made had a professional
representative been appointed. In particular, the defendants made
unsuccessful claims of patent infringement; breaches of the Human Rights
Act; perjury on the part of the claimant’s witnesses; and an initial request
that the judge stand down because he used to be a member of the claimant
counsel’s chambers. These and other issues, such as unpleaded allegations of
infringement and the raising of additional embodiments at the last moment,
lengthened the proceedings from an estimated two days to five days; and
illustrate the disadvantages of not obtaining professional legal advice to
advance one’s case.
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