AP Racing Ltd v Alcon Components Ltd [2014] EWCA Civ 40 (28 January 2014)

AP Racing Ltd v Alcon Components Ltd [2014] EWCA Civ 40 (28 January 2014)

The application as filed disclosed, both explicitly and implicitly, asymmetric peripheral stiffening bands; the claim in the granted patent did not disclose any new technical information and merely generalised the disclosed embodiments. Therefore, there was no added matter. The prior art (Baba) did not disclose PSBs as claimed, and the patent was not obvious.

Citation
[2014] EWCA Civ 40
Parties
Claimant/appellant: AP Racing Limited; Defendant/respondent: Alcon Components Limited
Jurisdiction
England and Wales
Judgment Date
28 January 2014
Procedural Posture
Patent Appeal / Appeal From Patents County Court Decision Revoking Patent
Outcome
Appeal allowed; order revoking the patent set aside.
Legal Topics
Added Matter, Patent Amendment, Obviousness, Claim Construction
Intellectual Property Law Patent Law Added Matter Patent Amendment Obviousness Claim Construction

Case Brief

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Parties

AP Racing Limited

Claimant/appellant

Alcon Components Limited

Defendant/respondent

Procedural Posture

Patent Appeal / Appeal From Patents County Court Decision Revoking Patent

Legal Issues

  1. 1 Whether claim 1 of the patent disclosed added matter beyond the application as filed
  2. 2 Whether the patent was invalid for added matter
  3. 3 Whether the patent was obvious in light of prior art (Baba)

Ratio Decidendi

The application as filed disclosed, both explicitly and implicitly, asymmetric peripheral stiffening bands; the claim in the granted patent did not disclose any new technical information and merely generalised the disclosed embodiments. Therefore, there was no added matter. The prior art (Baba) did not disclose PSBs as claimed, and the patent was not obvious.

Court Disposition

Appeal allowed; order revoking the patent set aside.

Orders

  • Order revoking UK Patent No 2 451 690 set aside
  • Patent remains valid