A 366
[Subsidiary]
CAP. 41 The Rules of the Supreme Court—Order 103 [1988 Ed.
Amendment of particulars (O. 103, r. 22)
22. Without prejudice to Order 20, rule 5, the Court may at any stage of the proceedings allow a party to amend any particulars served by him under the foregoing provisions of this Order on such terms as to costs or otherwise as may be just.
Further particulars (O. 103, r. 23)
23. The Court may at any stage of the proceedings order a party to serve on any other party further or better particulars of infringements or of objections.
Restrictions on admission of evidence (O. 103, r. 24)
24. (1) Except with the leave of the judge hearing any action or other proceeding relating to a patent, no evidence shall be admissible in proof of any alleged infringement, or of any objection to the validity, of the patent, if the infringement or objection was not raised in the particulars of infringements or objections, as the case may be.
(2) In any action or other proceeding relating to a patent, evidence which is not in accordance with a statement contained in particulars of objections to the validity of the patent shall not be admissible in support of such an objection unless the judge hearing the proceeding allows the evidence to be admitted.
(3) If any machinery or apparatus alleged to have been used before the priority date mentioned in rule 21(2)(b) is in existence at the date of service of the particulars of objections, no evidence of its user before that date shall be admissible unless it is proved that the party relying on such user offered, where the machinery or apparatus is in his possession, inspection of it to the other parties to the proceedings, or, where it is not, did his best to obtain inspection of it for those parties.
Proceedings for infringement: admissions must be requested (O. 103, r. 25)
25. (1) In an action for infringement of a patent (whether or not any other relief is claimed) each party must, within 14 days after service of a reply or answer or after the expiration of the period fixed for service thereof, write to each other party from whom he requires an admission for the purpose of the action or proceedings requesting him to make the admission, and the party receiving the request must within 14 days after the receipt thereof reply in writing making the admission or stating that he refuses to make it.
(2) No order shall be made authorizing a party to any such action or proceedings to serve any interrogatory on any other party unless the first-mentioned party requested that other party in accordance with paragraph (1) to admit the facts sought to be proved by the answer to the interrogatory and the other party refused or failed to comply with the request.