Enforcement: English Patent Court Practice
Paragraph 7.9 (2) of PD63 requires claimants in the Patents Court to file a Reading Guide for the judge not less than 4 days before trial. Such Reading Guide must set out the issues, the parts of the documents that need to be read on each issue and the most convenient order that they should be read; identifying relevant passages in text books and cases, if appropriate. Paragraph 11 of the Patent Court Guide adds that parties should endeavour to produce a composite document setting forth the matters alleged to form part of the common general knowledge and, where they disagree, what that disagreement is. According to Richard Miller QC, Mr Justice Pumfrey has complained that pre-reading estimates in patent cases are often unrealistic and therefore unhelpful. Practitioners have been reminded that the estimate should allow time for the judge to read the patent, the prior art, the expert's reports and evidence of fact, skeleton arguments, and any other key documents. A further allowance