Clearswift Ltd v Glasswall (IP) Ltd, Court of Appeal - Patents Court, July 10, 2018, [2018] EWHC 1946 (Pat)

Resolution Date:July 10, 2018
Issuing Organization:Patents Court
Actores:Clearswift Ltd v Glasswall (IP) Ltd
 
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Neutral Citation Number: [2018] EWHC 1946 (Pat)

Case No: HP-2017-000019

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS

OF ENGLAND AND WALES

INTELLECTUAL PROPERTY LIST (ChD)

PATENTS COURT

Royal Courts of Justice

The Rolls Building

7 Rolls Buildings

Fetter Lane

London EC4A 1NL

Date: 10/07/2018

Before:

MR. DAVID STONE

(Sitting as a Deputy High Court Judge)

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Between:

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Transcript of the Stenograph Notes of Marten Walsh Cherer Ltd

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Tel No: 020 7067 2900 Fax No: 020 7831 6864 DX: 410 LDE

Email: info@martenwalshcherer.com

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DR. BRIAN NICHOLSON and MR. CHRISTOPHER HALL (instructed by CMS Cameron McKenna Nabarro Olswang LLP) for the Claimant

MR. RICHARD DAVIS and MR. SAM CARTER (instructed by Harbottle & Lewis LLP) for the Defendant

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MR. DAVID STONE:

  1. This is an application dated 29 June 2018 for the admission into evidence of a third witness statement dated 25 June 2018 of Alexander Laurence Shipp, the Claimant's expert in these patent invalidity proceedings.

  2. The witness statement was provided to the Respondent on 25 June 2018 (approximately two weeks ago), by letter from the solicitors for the Claimant. It was objected to on behalf of the Respondent that same day. After further exchanges of correspondence, this application was made to the court for permission for it to be admitted. The application was listed for today, the start of the trial, which is scheduled to last for a further four days after today. The application is supported by evidence from Mr. Gareth Morgan of the Claimant's firm of solicitors.

  3. The witness statement is approximately five pages long, or 27 paragraphs. It deals with four issues: (1) the relevance to the common general knowledge of a text book from 2005 written by Peter Szor; (2) what is said to be a ``fundamental technique'' of the patent; (3) a brief discursus on what is referred to as the ``Halting problem''; and (4) a further discussion of one of the pieces of prior art referred to in the proceedings as ``Avecho''.

  4. I should also record that a CMC was held in this matter on 12 July 2017, before HHJ Hacon sitting as a Judge of the High Court. His Honour made orders for the preparation of evidence that provided for (a) permission for...

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