The judge went further: a claimant's declared intention to use validity decision in the United Kingdom as persuasive authority when seeking revocation in other European jurisdictions was legitimate, since consistency of decisions as between European jurisdictions is a desirable end. As he said (at para.26):
"It is commonplace for parties litigating on the same European patent in a number of Contracting States to put before the courts of one Contracting State decisions arrived at in one or more other Contracting States. I do not see that such conduct can possibly be stigmatised as an abuse of process. That is particularly so given that such judgments may come to the attention of courts in other Contracting States in any event. The courts of all the Contracting States are seeking to apply the same substantive law. It would be most unfortunate if anything were to be done which made it more difficult for the courts of the Contracting States to arrive at common answers to common questions".Having so held, Arnold J in any event refused to stay the revocation action before him, pending the outcome of opposition proceedings in the European Patent Office since the EPO proceedings would take at least two years longer than a final decision in the UK courts.