Reports of Patent, Design and Trade Mark Cases - current issue

Autonomy Corporation Ltd's Patent Application

Patents Court — 2008-04-25

Patent—Application—Patentability—Computer program—Presentation of informa- tion—Automatic text analysis in an active window and generation of a list of links related to content and provision of an icon representing a category of such links which, on activation, displayed summary of link's contents—Application refused—Appeal to Patents Court—Guidance in assessing whether claim is to computer program as such—Appeal dismissed

Cinpres Gas Injection Ltd v Melea Ltd

Court of Appeal — 2008-04-25

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

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

Patents Court — 2008-04-25

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