The claimant held patents in respect of certain CD cassette boxes. It alleged infringement. Robert Walker LJ considered the meaning of ‘makes’ in the context of such proceedings. First, the word ‘makes’ must be given a meaning which, as a matter of ordinary language, it can reasonably bear. Secondly, it is not a term of art: like many English words, it does not have a precise meaning. Thirdly, it will inevitably be a matter of fact and degree in many cases whether an activity involves ‘making’ an article, or whether it falls short of that. Fourthly, the word ‘makes’ must be interpreted in a practical way, by reference to the facts of the particular case. Fifthly, however, there is a need for clarity and certainty for patentees and others, and for those advising them. Sixthly, it should be borne in mind that the word applies to patents for all sorts of products, from machinery to chemical compounds. Seventhly, one should bear in mind, at least as part of the background, the need to protect the patentee’s monopoly while not stifling reasonable competition.
Judges:
Robert Walker LJ, Brooke LJ, Peter Gibson LJ
Citations:
[2000] EWCA Civ 174
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Cartonneries De Thulin S A v CTP White Knight Limited PatC 21-Dec-1998
. .
Cited – Attorney-General v Prince Earnest Augustus of Hanover HL 1957
‘legislative antecedents’ may in some circumstances constitute relevant background for the interpretation of statutes in pari materia. Words in a preamble cannot of themselves restrict the scope of enacting words, where the latter are wider or more . .
Cited by:
Cited – Schutz (UK) Ltd v Werit (UK) Ltd SC 13-Mar-2013
The parties disputed whether there had been an infringement of the claimant’s patent in respect for ‘intermediate bulk containers’ designed for the safe transport of liquids in bulk. They were a cage holding a plastic bottle. The defendant had a . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 31 May 2022; Ref: scu.147207