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Reports of Patent, Design and Trade Mark Cases 2008 125(5):405-435; doi:10.1093/rpc/rcn014
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© Crown Copyright

[2008] R.P.C. 18

M-Systems Flash Disk Pioneers Ltd v Trek 2000 International Ltd

Patents Court

(Kitchin J.): 27–29 November 2007 and 28 January 20081

[2008] EWHC 102 (Pat), [2008] R.P.C. 18

Patent—Revocation—Proceedings before Comptroller—Novelty—Inventive step—Insufficiency—Matter in patent extending beyond that in application—Amendment—Revocation ordered—Appeal to Patents Court—Construction of claims—Whether amendments added matter—Claim construction in appellant's favour in foreign jurisdiction—Whether issue estoppel—Whether issue raised timeously—Whether identity of issues in foreign and current proceedings—Whether error in exercise of discretion to refuse amendments


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