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Patent – European Patent Office. Samsung applied for an adjournment of its appeal against the revocation of its patents pending the determination of its applications to the European Patent Office for amendment of the patent claims. Apple sought an order requiring Samsung to elect between the appeal and the amendment applications. The Court of Appeal, Civil Division, in granting the adjournment, held that there was no prohibition on the filing of an amendment application between a first instance judgment and appeal. Apple's application fell to be dismissed because it could not be said Samsung's pursuit of the amendment applications necessarily meant that the appeal proceedings constituted an abuse of process.
Patent – European Patent Office. Samsung applied for an adjournment of its appeal against the revocation of its patents pending the determination of its applications to the European Patent Office for amendment of the patent claims. Apple sought an order requiring Samsung to elect between the appeal and the amendment applications. The Court of Appeal, Civil Division, in granting the adjournment, held that there was no prohibition on the filing of an amendment application between a first instance judgment and appeal. Apple's application fell to be dismissed because it could not be said Samsung's pursuit of the amendment applications necessarily meant that the appeal proceedings constituted an abuse of process.
The Chair of the Bar reports back
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