Grounds of invalidity—patent infringement claim
Grounds of invalidity—patent infringement claim

The following IP precedent provides comprehensive and up to date legal information covering:

  • Grounds of invalidity—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/Part 20 Defendant

and

[insert name]

First Defendant/Part 20 Claimant

[insert name]

Second Defendant/Part 20 Claimant

_______________________________________

Grounds of invalidity

_______________________________________

The following are the Grounds of Invalidity of [GB Patent OR European Patent (UK)][number] (the Patent) referred to in the Defence and Counterclaim served with these Grounds of Invalidity and upon which the Defendants/Part 20 Claimants will rely.

    1. 1

      The alleged invention as claimed in each and every claim of the Patent is not a patentable invention in that the subject matter was not new having regard to the matter which formed part of the state of the art at the priority date of the Patent [and common general knowledge].

      Particulars

      The Defendants rely on the following as forming part of the state o

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