Judgment No. 4202

• Organization: European Patent Organisation (EPO)
• Date: 03.07.2019
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The application for execution and the complaint are dismissed.

Summary

The complainant filed an application for execution of Judgments 3887 and 3986 and contests the implied rejection of his request for the execution of those judgments.

Judgment keywords

Keywords

application for execution; res judicata; summary procedure; complaint dismissed

Consideration 5

Extract:

The Tribunal notes that the complainant’s claims for relief in the application for execution of Judgments 3887 and 3986 are identical to those set out in his seventeenth complaint, and that the complainant relies on the same factual background. Although it is unusual that an application for execution is identical to a new complaint, the Tribunal finds it convenient to join the complaint and the application for execution.

Reference(s)

ILOAT Judgment(s): 3887

Keywords

joinder

Consideration 8

Extract:

In Judgment 3986 delivered in public on 26 June 2018 on the application for execution of Judgment 3887, the Tribunal provided clear explanations as to how Judgment 3887 must be interpreted and executed. These issues cannot be reopened again.

Reference(s)

ILOAT Judgment(s): 3887, 3986

Keywords

res judicata