Source: All England Reporter
Publisher Citation: [2011] All ER (D) 18 (Nov)
Neutral Citation: [2011] UKSC 51
Court: Supreme Court
Judge:

Lord Hope P, Lord Walker, Lord Neuberger, Lord Clarke and Lord Collins SCJJ
Representation Andrew Waugh QC and Thomas Mitcheson (instructed by Field Fisher Waterhouse LLP) for the claimant.
  Simon Thorley QC and Michael Tappin QC (instructed by Gilbert LLP) for the defendant.
Judgment Dates: 2 November 2011

Catchwords

Patent - Infringement - Validity of patent - Industrial application - Defendant company appealing revocation of its' patent by national court - Technical appeal board of Opposition Division of European Patent Office in parallel proceedings upholding patent on appeal - Whether national court applying correct principles - European Patent Convention, art 57.

The Case

Patent Infringement. The Supreme Court held that the decision of invalidity regarding European Patent (UK) 0,939,804 owned by the defendant company made by the national court applying well established principles as used by the Opposition Division of the European Patent Office in relation to art 57 of the European Patent Convention had been wrong.

Practice Areas

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