Judgment No. 3058

• Organization: European Patent Organisation (EPO)
• Date: 08.02.2012
• Original: Anglais
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. The complainant's claim that his invalidity resulted from workplace bullying is struck out.
2. The complaints are otherwise dismissed.

Consideration 2

Extract:

"Oral hearings are sought in each of the complaints presently under consideration. As the outcome depends mainly on questions of law and the facts relevant to those issues are not in dispute, the applications for oral hearings are rejected."

Keywords

oral proceedings

Consideration 3

Extract:

"It is well established that the same question cannot be the subject of more than one proceeding between the same parties. Accordingly, to the extent that these complaints raise the very same issue raised in the proceedings in respect of which the Tribunal has issued Judgment 3056, that aspect of the present complaints must be struck out."

Reference(s)

Jugement(s) TAOIT: 3056

Keywords

finality of judgment; identical claims; identical facts; res judicata; same parties; parallel proceedings

Consideration 5

Extract:

"It is a fundamental principle that a person cannot, in separate proceedings, challenge a judgment to which he was a party by raising issues that could have been raised in the earlier proceedings."

Keywords

finality of judgment; res judicata; same parties; judgment of the tribunal

Judgment keywords

Keywords

invalidity; claim moot; complaint dismissed