The second step of Windsurfing requires the judge to adopt the mantle of the skilled person. This is particularly important where, as in this case, the attack upon the patent is based upon what was generally known in the art.
Judges:
Lord Justice Aldous, Mance and Latham LJJ
Citations:
[2002] EWCA Civ 465, [2003] FSR 8
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Windsurfing International Inc v Tabur Marine (Great Britain) Limited CA 1985
Testing Validity of a Patent
A patent was challenged where the windsurf board had been shown as a primitive prototype to have been built and used in public by a twelve year old boy. The court set out the four steps required to be taken when ascertaining the validity of a . .
Cited by:
Cited – Seb SAa v Societe De’Longhi Spa CA 4-Jul-2003
The claimant’s action for patent infringement had been dismissed on the basis that the patent was invalid for obviousness.
Held: There was material before the judge on which he could properly conclude as he did on the presence of common . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 06 June 2022; Ref: scu.170127
