Defence and counterclaim—patent infringement claim

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  • Defence and counterclaim—patent infringement claim

Defence and counterclaim—patent infringement claim

Claim No. [insert claim number]

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES

INTELLECTUAL PROPERTY LIST (ChD)

[pATENTS COURT

OR

iNTELLECTUAL PROPERTY ENTERPRISE COURT]

Between:

[insert name]

Claimant

and

[insert name]

First Defendant/Part 20 Claimant

[insert name]

Second Defendant/Part 20 Claimant

_______________________________________

Defence and counterclaim

_______________________________________

References to numbered paragraphs are references to paragraphs in the particulars of claim unless otherwise stated. The abbreviations used in the particulars of claim are adopted in the defence and counterclaim.

    1. 1

      Paragraph 1 is admitted.

    1. 2

      Paragraph 2 is denied. It is denied that the Patent is valid. The Patent is and has at all material times been invalid for the reasons set out in the Grounds of Invalidity served with this Defence and Counterclaim.

    1. 3

      [It is denied that the Claimant is entitled to the relief claimed in paragraph 3. An amendment of the specification of the Patent was allowed under Section [19 OR 27 OR 75] of the Patents Act 1977 by a decision dated [date] by [specify the court or comptroller]. The Defendants will say that they did not know, and had no reasonable grounds to know, that they were infringing the Patent and/or that the specification of the Patent as published was not framed in good faith or with reasonable skill and knowledge and/or that these proceedings have not been brought in good faith. Accordingly, the Court should disallow,

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