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Reports of Patent, Design and Trade Mark Cases 2008 125(5):375-404; doi:10.1093/rpc/rcn013
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© Crown Copyright

[2008] R.P.C. 17

Cinpres Gas Injection Ltd v Melea Ltd

Court of Appeal

(Sir Igor Judge, President of the Queen's Bench Division and Jacob and Richards L.JJ.): 27, 28 June, 20 November 2007 and 24 January 20081

[2008] EWCA Civ 9, [2008] R.P.C. 17

Patent—Entitlement—Perjured evidence given in earlier entitlement proceedings—Finding of res judicata—Appeal to Court of Appeal—Whether agreement conferred title on appellant as "successor in title" to inventor—Whether cause of action estoppel or issue estoppel—Whether Bill of Review procedure still exists—"Fraud of party" rule—Whether perjurer a "mere witness"—Whether his perjury should be regarded as that of party to earlier litigation—Whether continuing false representation—Whether continuing false representation by party to litigation


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