Supponor Ltd & Anor v AIM Sport Development AG [2024] EWCA Civ 396 (23 April 2024)

Supponor Ltd & Anor v AIM Sport Development AG [2024] EWCA Civ 396 (23 April 2024)

Claim 12, properly construed, covers pixel-by-pixel processing and does not exclude dark-on-light methods in its unamended form, rendering it invalid over Nevatie. However, the allowed amendment (feature 12.7) limits claim 12 to exclude Nevatie, making it valid and infringed by Supponor's SVB system. Admission regarding claim 1's invalidity does not affect claim 12. Appeal dismissed except as to construction, with amendment allowed.

Citation
[2024] EWCA Civ 396
Parties
Appellants/defendants: Supponor Limited and Another; Respondent/claimant: AIM Sport Development AG
Jurisdiction
England and Wales
Judgment Date
23 April 2024
Procedural Posture
Patent Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed except as to construction; claim amendment allowed.
Legal Topics
Patent Claim Construction, Patent Infringement, Obviousness, Claim Amendment, Admissions in Litigation
Intellectual Property Patent Law Patent Claim Construction Patent Infringement Obviousness Claim Amendment Admissions in Litigation

Case Brief

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Parties

Supponor Limited and Another

Appellants/defendants

AIM Sport Development AG

Respondent/claimant

Procedural Posture

Patent Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether claim 12 covers pixel-by-pixel processing
  2. 2 Whether claim 12 excludes dark-on-light methods
  3. 3 Validity of claim 12 over prior art Nevatie

Ratio Decidendi

Claim 12, properly construed, covers pixel-by-pixel processing and does not exclude dark-on-light methods in its unamended form, rendering it invalid over Nevatie. However, the allowed amendment (feature 12.7) limits claim 12 to exclude Nevatie, making it valid and infringed by Supponor's SVB system. Admission regarding claim 1's invalidity does not affect claim 12. Appeal dismissed except as to construction, with amendment allowed.

Court Disposition

Appeal dismissed except as to construction; claim amendment allowed.

Orders

  • Claim 12 to be amended as per feature 12.7.
  • Patent upheld as valid and infringed by Supponor's SVB system.