The recent case of Intervet UK Limited v Merial & Others  EWHC 294 (Pat), concerned a dispute over Merial's European Patent (UK) No. 1 386 617 entitled "Method for the in vitro diagnosis of type II porcine circovirus infection and diagnostic reagents" (the "Patent"). Merial alleged that Intervet had infringed claim 18 of the Patent. Intervet denied infringement and sought revocation of the Patent on the grounds that it lacked an inventive step (the obviousness argument). One issue arising during the course of the litigation was whether Merial was to be granted permission to serve two hearsay notices out of time.