Act of Sederunt (Rules of the Court of Session 1994) 1994

Proceedings for infringement

55.7.—(1) In any cause in which it is alleged that a patent has been infringed, the person alleging infringement must aver in the petition or summons, as the case may be, particulars of the infringement relied on, showing which of the claims in the specification of the patent are alleged to have been infringed and giving at least one instance of each type of infringement alleged.

(2) Where, as a defence to such an allegation, it is averred that–

(a) at the time of the infringement there was in force a contract or licence relating to the patent made by or with the consent of the person alleging the infringement, and

(b) containing a condition or term void by virtue of section 44 of the Act of 1977,

the person stating that defence must aver particulars of the date of, and the parties to, each such contract or licence and particulars of each such condition or term.