Source: All England Reporter
Publisher Citation: [2012] All ER (D) 105 (Jun)
Neutral Citation: [2012] EWCA Civ 602
Court: Court of Appeal, Civil Division
Judge:

Ward, Etherton and Lewison LJJ

Representation Iain Purvis QC and Anna Edwards Stuart (instructed by Charles Russell, Solicitors) for the claimant
  The defendant did not appear and was not represented.
Judgment Dates: 24 April 2012

Catchwords

Patent - Infringement - Validity of patent - Novelty - Obviousness - Claimant company owning patent concerning method and arrangement for manufacturing wound dressings and wound dressing manufactured in accordance with that inventive method - Claimant alleging defendant company's products infringing patent - Judge finding non-infringement and relevant claims lacking novelty and being obvious in light of prior art - Claimant appealing - Whether judge erring.

The Case

Patent Infringement. The Court of Appeal, Civil Division, allowing the appeal, held that, in finding that the claimant's patent was invalid for obviousness, the judge had made an error of principle in postulating a non-inventive route to the invention that was contrary to the only expert evidence on the subject.

Practice Areas

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