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Lenzing AG's European Patent (UK)

[1997] RPC 245 (1997)

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Lenzing AG’s European Patent (UK)

United Kingdom High Court of Justice, Queen’s Bench Division and United Kingdom Patent Court
[1997] RPC 245 (1997)

RW

Facts

In accordance with the European Patent Convention (EPC), the European Patent Office (EPO) issued a European patent to Lenzing AG (defendant). Courtaulds plc (plaintiff) took two actions to undue the patent. First, Courtaulds sued Lenzing in the United Kingdom Patent Court, seeking to invalidate the United Kingdom version of Lenzing’s patent, known as a “European patent (UK).” Lenzing counterclaimed for patent infringement. Second, Courtaulds filed a timely challenge (known as an “opposition”) to the patent, which the EPO refused. Courtaulds appealed the EPO’s decision to a tribunal of the EPO board of appeal (BoA). Without giving any explanation, the BoA quickly reversed the EPO and revoked the patent. Lenzing accused the BoA of treating Lenzing unfairly. However, based on the BoA decision, the United Kingdom Patent Office invalidated Lenzing’s European patent (UK). Lenzing attempted to overturn the patent office’s action by mounting several collateral attacks against the BoA’s decision. The United Kingdom High Court of Justice and the United Kingdom Patent Court heard the case jointly.

Rule of Law

Issue

Holding and Reasoning (Jacob, J.)

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