Judges:
Pill LJ, Mummery LJ, Jacob LJ
Citations:
[2004] EWCA Civ 381, [2004] RPC 46
Links:
Jurisdiction:
England and Wales
Cited by:
Doubted in part – Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc HL 21-Oct-2004
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’).
Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance . .
See Also – Rockwater Ltd v Technip France Sa (Formerly Coflexip Sa), Technip Offshore UK Limited (Formerly Coflexip Stena Offshore Limited) CA 6-Apr-2004
Jacob LJ said that the skilled person who must be enabled to make the product from a patent specification, is not expected to be inventive or even, as is sometimes said, imaginative . .
Cited – Halliburton Energy Services, Inc v Smith International (North Sea) Ltd and others PatC 21-Jul-2005
A claim was made for a method of design in which certain calculations were to be carried out recursively, modifying the results each time until a particular criterion was satisfied. Though the method was susceptible of solution by computer, but the . .
Cited – W L Gore and Associates Gmbh v Geox Spa PatC 7-Oct-2008
The claimants sought a declaration of non-infringement of four patents relating to waterproof fabrics for shoes.
Held: The patents could not be set as invalid for obviousness. . .
Cited – W L Gore and Associates Gmbh v Geox Spa PatC 7-Oct-2008
The claimants sought a declaration of non-infringement of four patents relating to waterproof fabrics for shoes.
Held: The patents could not be set as invalid for obviousness. . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Estoppel
Updated: 10 June 2022; Ref: scu.195024