||All England Reporter
|| All ER (D) 67 (Mar)
|| EWCA Civ 264
||Court of Appeal, Civil Division
Auld, Robert Walker LJJ and Sir Christopher Slade
||Mark Platts-Mills QC and James Abrahams (instructed by Walker Morris) for the claimant.
||Simon Thorley QC and Colin Birss (instructed by Bird & Bird) for the defendant.
||7 March 2002
Patent - Infringement - Validity - Obviousness - Construction of patent - Wire mesh structures - Whether patent invalid for obviousness - Whether on true construction of patent defendant's product infringing.
On the facts of the instant case, a claimant's patent claiming for a foldable wire mesh structure for packing building materials was not, with reference to the prior art, invalid for obviousness. Furthermore, on the true construction of the patent in suit the defendant's product infringed it.
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