A patent concerning intravascular medical devices delivered by catheter to remote locations in a patient’s vessels, formed of braided metal strands with a collapsed configuration for delivery and a dumbbell shape when expanded, was valid but not infringed.
|
A patent claiming machinery and methods for sealing the tail ends of rolls of paper (such as toilet paper or kitchen towel) was valid and infringed. A second patent claiming an improvement to the first patented method was invalid for obviousness over the common general knowledge and prior art.
|
In relation to a patent concerning an apparatus for treating tissue damage by application of a vacuum, the judge had been correct to hold that claim 1 had been anticipated. In relation to several further claims, the judge had not applied the correct test of obviousness. The Court of Appeal substituted its own conclusion and found the further claims to be obvious over the prior art and common general knowledge.
|
The claimant (M) applied for judicial review of the decision of the defendant secretary of state to order his extradition to the US. M had admitted using his home computer to hack into computers of the US government. A DJ sent M's case to the SSHD, who subsequently ordered M's extradition. M made a fresh claim to the SSHD on health grounds, relying on fresh evidence that he had Asperger Syndrome. The reports stated that the degree of stress of imprisonment, in particular if it were to occur in a ...
|
The Court of Appeal Criminal Division held that where the Crown proceeded on an indictment which all parties, including the judge, thought had been validly amended but which, by an oversight, had not, the proceedings on which the indictment was based were a nullity and any conviction arising from them had to be quashed.
|
A patent concerning extended-wear contact lenses was revoked for insufficiency. It would require a research programme to identify silicone hydrogel formulations suitable for producing lenses having the properties set by the claims. Therefore the specification did not disclose the invention sufficiently for it to be performed by a person skilled in the art without undue experimentation.
|
An appeal and cross-appeal were dismissed, finding that in respect of Geox’s patents relating to shoes with a waterproof and breathable sole and methods for making them, the judge had been entitled to grant a declaration of non-infringement in relation to one patent and to refuse in relation to another. The case turned on the construction of the main claims of the patents, as to the meaning of ‘mid-sole’, filler layer’ and ‘unitary upper assembly’.
|
Z was entitled to damages for unjustified threats of patent infringement proceedings made by R to retailers of Zeno’s product. R’s patent, concerning a hand-held device used for topical heat treatment of insect bites and stings, was valid. Although the theory behind the device was dubious, it did not matter why it worked as long as there was a real beneficial effect. However, Z’s device for applying heat to acne lesions, which was specifically directed not to be used for insect bites, did not in ...
|
The assessment of damages in a personal injuries claim brought in the English courts was to be assessed in accordance with English law principles because it was a procedural matter. The issue was one arising out of a tortious claim and the fact that the accident took place in France, the tortfeasor was French and the action was brought direct against the tortfeasor’s French domiciled insurers pursuant to a French law did not change this to a quasi-contractual claim. By contrast a claim for inter ...
|
The finding that the director had conspired with others to defraud insurance companies by writing policies for levels over the binder limits and retaining the excess premium generated was open to him even though the director was at the time suffering from Alzheimer’s disease. His actions particularly in the light of his own evidence could not be explained by intermittent forgetfulness.
|
| 1 |