Hoffmann LJ said: ‘The well known principle that patent claims are given a purposive construction does not mean that an integer can be treated as struck out if it does not appear to make any difference to the inventive concept. It may have some other purpose buried in the prior art and even if this is not discernible, the patentee may have had some reason of his own for introducing it.’
Judges:
Hoffmann LJ
Citations:
[1993] RPC 513
Jurisdiction:
England and Wales
Cited by:
Cited – Occlutech Gmbh v Aga Medical Corp ChD 31-Jul-2009
The claimants sought a declaration of non-infringement of patents involving medial devices. The patent owner claimed infringement and the claimant also sought revocation of the patent for obviousness.
Held: The device did not infringe the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 07 May 2022; Ref: scu.374722
