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Reports of Patent, Design and Trade Mark Cases 2005 122(22-23):761-807; doi:10.1093/rpc/2005rpc31
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© Crown Copyright

[2005] R.P.C. 31

MARKEM CORP v ZIPHER LTD

Court of Appeal

(Kennedy, Mummery and Jacob L.JJ.): March 22, 20051

[2005] EWCA Civ 267; [2005] R.P.C. 31

Patent—Application—Entitlement—Appeal to Court of Appeal—Broadly drafted claims covering claimant's prior art—Invention made by claimant's ex-employees—No assertion that confidence had been breached—Whether claimant entitled to any rights—Whether validity relevant in assessing scope of invention—Role of claims in entitlement proceedings—Meaning of "invention"—Comments on judge's adverse findings against witnesses.

Breach of confidence—Subsequent action brought for breach of confidence—Application to strike out as an abuse of process—Application refused—Appeal to Court of Appeal—Whether bringing second action an abuse of process.

Key Words: Abuse of process • Breach of confidence • Claims • Employees inventions • Entitlement • Patents • Specifications • Validity

1 Paragraph numbers are as assigned by the court.


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