Ancon Ltd v ACS Stainless Steel Fixings Ltd

Ancon Ltd v ACS Stainless Steel Fixings Ltd

The phrase 'generally elliptical cone shape' in claim 1, when construed purposively and in context, covers the ACS bolt, as the skilled person would understand the claim to include shapes with vestiges of an ellipse sufficient to achieve the camming action, not requiring a complete oval at the top. The judge erred in requiring retention of an 'essential feature of an ellipse' in a technical sense.

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

Case Brief

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Parties

Ancon Limited

Claimant/appellant

ACS Stainless Steel Fixings Limited

Defendant/respondent

Procedural Posture

Civil Appeal (patents) / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 What is the proper construction of claim 1 of Ancon's patent?
  2. 2 Does the ACS assembly infringe claim 1 as properly construed?

Ratio Decidendi

The phrase 'generally elliptical cone shape' in claim 1, when construed purposively and in context, covers the ACS bolt, as the skilled person would understand the claim to include shapes with vestiges of an ellipse sufficient to achieve the camming action, not requiring a complete oval at the top. The judge erred in requiring retention of an 'essential feature of an ellipse' in a technical sense.

Court Disposition

Appeal allowed

Orders

  • Finding of non-infringement reversed; ACS assembly found to infringe claim 1 of Ancon's patent