Decision Nº O/500/17 from Intellectual Property Office - (Patent decisions), 11 October 2017
| Judge | Mr S Probert |
| Court | Intellectual Property Office (United Kingdom) |
| Patent Number | GB2350394B |
| Administrative Decision Number | O/500/17 |
| Date | 11 October 2017 |
| Parties | Ninefields Holdings Ltd |
BL O/500/17
11th October 2017
PATENTS ACT 1977
Ninefields Holdings Ltd
Claimant
PROCEEDINGS
Application under section 74B for
review of Opinion 30/16 in respect of
GB 2350394B
HEARING OFFICER
Stephen Probert
DECISION
Introduction
1. Ninefields Holdings Ltd (“Ninefields”) is the registered proprietor of UK patent
GB 2350394B (“the patent”), which concerns end caps for scaffolding poles.
Opinion 30/16 was requested by Ninefields, asking whether the patent is infringed by
a product known as the ‘Octiknob’ — manufactured or imported by Caspian Access
and Plant Hire Ltd. The examiner’s opinion was that the Octiknob does not infringe.
Ninefields has requested a review of the opinion under section 74B.
The Patent The Octiknob
2. The observer participated during the opinion process, but chose not to become a
party to these review proceedings. The Office wrote to Ninefields on 19 July 2017
drawing their attention to the recent judgment of the Supreme Court in Actavis v Eli
Lilly 1, which has significantly changed the way in which infringement is now decided
in the UK. This Supreme Court judgment was issued after opinion 30/16, and it
1 Actavis UK Ltd & others v Eli Lilly and Company [2017] UKSC 48
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