||All England Reporter
|| All ER (D) 395 (Mar)
|| EWCA Civ 347
||Court of Appeal, Civil Division
Aldous, Mance and Latham LJJ
||Iain Purvis (instructed by Walker Morris, Leeds) for the claimant.
||Mark Platts-Mills QC and Robert Onslow (instructed by Dorsey & Whitney) for the defendant.
||26 March 2002
Patent - Infringement - Validity of patent - Novelty - Electrochemical gas sensor - Whether patent requiring strict compliance - Whether invention obvious.
On the facts of the instant case, a patent claiming for an electrochemical gas sensor was valid, since it was only with the benefit of hindsight that it was possible to produce the sensor without invention, and had been infringed, as the patent had not required only a literal interpretation.
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