23003 Hadley Industries plc v (1) Metal Sections Limited (2) Metsec (UK) Limited v Sadef NV

Patents Court (Neuberger J, 21 October 1999) Patents Act 1977, s75 – amendment – opposition – first amendment allowed unconditionally – second subject to order for swift advertisement and allowable if any opposition unsuccessful – later opponent part of same group as defendants – locus standi – res judicata – whether court had discretion to allow amendments – whether amendments validating or deleting – delay by claimant – lack of full disclosure – breach not serious enough to deny amendments – lack of support – amendments allowed – costs (SRIS C/ /99)

Mr H Carr QC and Mr G Fernando (Wragge & Co) for the claimant; Mr A Waugh QC (Eversheds) for the defendants; Mr D Campbell (Bird & Bird) for the opponent.