Oh Won't You Lot Stay?

Hunt Technology Ltd v Don & Low Ltd is however non available to the public, though a banker's complaint on it appears inward today's Butterworths All England Direct service.

Don & Low had a European patent granted inward Nov 2000. After the European Patent Office dismissed Hunt's opposition proceedings inward the European Patent Office (EPO) simply its opposition was dismissed, Hunt appealed to the EPO's Technical Board of Appeal too hence commenced recovation proceedings inward the UK. The decision of the appeal too the revocation proceedings were probable to accept house inside a brusk spell of each other. Don & Low, seeking to rest the English linguistic communication proceedings, offered certainly undertakings inward back upwards of that application, including an project non to attempt damages inward abide by of infringing acts past times Hunt's customers inward relation to goods obtained from Hunt during the menses of the stay. Hunt resisted the defendant’s application, maxim it would hold out unfair to rest the English linguistic communication proceedings every moment they required clarity on the number of the patent’s validity for commercial reasons: accordingly the revocation proceedings should hold out allowed to continue.

A unlike assort of Hunt technology: would it play a joke on Laddie J though?

In the Patents Court, Mr Justice Laddie allowed Don & Low's application. He held that, where proceedings were ongoing inward the English linguistic communication courtroom too inward the EPO, inward the absence of whatever other considerations, a presumption existed inward favour of staying i or other of the 2 sets of proceedings. Where other considerations arose, the courtroom had to weigh upwards those considerations inward guild to decide where the relaxation of judge lay. In this case, having regard to the undertakings offered past times the accused too the probable timetable for decision of the proceedings, it was appropriate, on balance, that the English linguistic communication proceedings hold out stayed.

looks frontwards to seeing what the specific facts too timetabling were inward this case, though he muses that "it all depends on the fact"-type discretion does guarantee that litigation is unremarkably required earlier a satisfactory termination tin sack hold out achieved.

More on stays here and here