Ancon Ltd v ACS Stainless Steel Fixings Ltd [2009] EWCA Civ 498 (16 June 2009)

Ancon Ltd v ACS Stainless Steel Fixings Ltd [2009] EWCA Civ 498 (16 June 2009)

The phrase 'generally elliptical cone shape' in claim 1, when construed purposively and in context by the skilled person, does not require a perfect oval or ellipse in the head of the fixing; it is sufficient that there are vestiges of an ellipse to achieve the camming action described. The ACS bolt, though lacking a complete oval at the top, falls within the scope of claim 1 as properly construed. The judge erred by adopting an unduly literal and geometrical approach.

Citation
[2009] EWCA Civ 498
Parties
Claimant/appellant: Ancon Limited; Defendant/respondent: ACS Stainless Steel Fixings Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2009
Procedural Posture
Patent Infringement Appeal / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Patent Claim Construction, Infringement, Doctrine of Equivalents, Purposive Construction
Intellectual Property Patents Patent Claim Construction Infringement Doctrine of Equivalents Purposive Construction

Case Brief

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Parties

Ancon Limited

Claimant/appellant

ACS Stainless Steel Fixings Limited

Defendant/respondent

Procedural Posture

Patent Infringement Appeal / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Proper construction of claim 1 of Ancon's patent
  2. 2 Whether ACS's channel assembly infringes claim 1 as properly construed

Ratio Decidendi

The phrase 'generally elliptical cone shape' in claim 1, when construed purposively and in context by the skilled person, does not require a perfect oval or ellipse in the head of the fixing; it is sufficient that there are vestiges of an ellipse to achieve the camming action described. The ACS bolt, though lacking a complete oval at the top, falls within the scope of claim 1 as properly construed. The judge erred by adopting an unduly literal and geometrical approach.

Court Disposition

Appeal allowed

Orders

  • Finding of non-infringement set aside
  • Declaration that ACS's 31/21 channel assembly infringes claim 1 of Ancon's patent