BL number
Concerning rights in
GB2523591B, PCT/GB 2015/050538 & PCT/GB 2015 050539
Hearing Officer
Mr S Probert
Decision date
9 September 2016
Person(s) or Company(s) involved
NGPOD Global Ltd v Aspirate N Go Limited
Provisions discussed
Sect 37(8), Sect 12(2), Rule 74
Decline to deal
Related Decisions


This is a consolidated entitlement dispute. After filing a counter-statement, the defendant asked the Comptroller to decline to deal with the references because of the importance of the patents to the defendant, the nature of the issues in dispute, the procedural complexity, and the different costs regimes in proceedings before the Comptroller and before the High Court. The claimant opposed the request.

Following the guidance in the Luxim case, the Hearing Officer did not accept that the issues in these proceedings would more properly be determined by the Court, and therefore he did not decline to deal. Regarding the complexity of the factual issues and the non-patent law issues in the case, the Hearing Officer observed that in the end, the successful party is usually the one that succeeds in making these issues look easiest.

Full decision O/431/16 PDF document294Kb

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