||All England Reporter
|| All ER (D) 227 (Dec)
|| EWCA Civ 1610
||Court of Appeal, Civil Division
Aldous, Sedley and Arden LJJ
||David Kitchin QC and Richard Meade (instructed by Bristows) for the claimants.
||David Young QC, Justin Turner and Thomas Hinchliffe (instructed by Lovells) for the defendants.
||14 December 2001
Patents - Infringement - Validity of patent - Terms of patent claim entirely unambiguous - Judge finding patent not infringed - Judge holding patent invalid - Whether judge correct - Application of Protocol on Interpretation when claim entirely in unambiguous terms - s 72(1)(c).
Where every term in a patent claim was clear and unambiguous, the court could not apply the principles of the Protocol on Interpretation in the normal manner; rather it had to seek the middle way as required by the Protocol of finding what was fair to the patentee and provided the required certainty to the public, whilst guarding against simply applying the literal interpretation outlawed by the Protocol.
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