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| What are ‘groundless threats’ and when are such threats not actionable in the UK? Section 70: ‘Groundless threats’ are where a person threatens another person with proceedings for any infringement of a patent, a person aggrieved by threats may bring proceedings in the court against the person making threats, claiming relief. Section 70(4): Once it has been established that that there was an infringement, a threat for any other acts of infringement against the person in respect of that product is not actionable. Section 70(5): Mere notification of the existence of a patent does not constitute a threat of proceedings. See also Merrell Dow and Mobil. |
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