Source: All England Reporter
Publisher Citation: [2002] All ER (D) 395 (Mar)
Neutral Citation: [2002] EWCA Civ 347
Court: Court of Appeal, Civil Division
Judge:

Aldous, Mance and Latham LJJ

Representation Iain Purvis (instructed by Walker Morris, Leeds) for the claimant.
  Mark Platts-Mills QC and Robert Onslow (instructed by Dorsey & Whitney) for the defendant.
Judgment Dates: 26 March 2002

Catchwords

Patent - Infringement - Validity of patent - Novelty - Electrochemical gas sensor - Whether patent requiring strict compliance - Whether invention obvious.

The Case

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.

Practice Areas

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