Supponor Limited & Anor v AIM Sport Development AG

Supponor Limited & Anor v AIM Sport Development AG

Claim 12, as unamended, does not exclude the Nevatie prior art and thus is invalid; however, the proposed amendment (feature 12.7) is allowable, excludes Nevatie, and renders the claim valid and infringed by the SVB system. The admission as to claim 1's invalidity does not affect claim 12. The appeal is dismissed except as to the necessity of the amendment.

Parties
Appellant/defendant: Supponor Limited and Another; Respondent/claimant: AIM Sport Development AG
Jurisdiction
England and Wales
Judgment Date
16 November 2024
Procedural Posture
Civil Appeal Patent Infringement and Validity / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed save that claim 12 is to be maintained in amended form; amendment allowed.
Legal Topics
Patent Claim Construction, Patent Infringement, Patent Validity, Obviousness, Claim Amendments, Admissions and Case Management
Intellectual Property Patents Patent Claim Construction Patent Infringement Patent Validity Obviousness Claim Amendments Admissions and Case Management

Case Brief

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Parties

Supponor Limited and Another

Appellant/defendant

AIM Sport Development AG

Respondent/claimant

Procedural Posture

Civil Appeal Patent Infringement and Validity / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether claim 12 of EP (UK) 3 295 663 covers pixel-by-pixel analysis or requires higher order processing
  2. 2 Whether claim 12 excludes dark-on-light methods and thus the Nevatie prior art
  3. 3 Whether the SVB system infringes claim 12

Ratio Decidendi

Claim 12, as unamended, does not exclude the Nevatie prior art and thus is invalid; however, the proposed amendment (feature 12.7) is allowable, excludes Nevatie, and renders the claim valid and infringed by the SVB system. The admission as to claim 1's invalidity does not affect claim 12. The appeal is dismissed except as to the necessity of the amendment.

Court Disposition

Appeal dismissed save that claim 12 is to be maintained in amended form; amendment allowed.

Orders

  • Claim 12 to be maintained in amended form with feature 12.7 as allowed by the High Court.
  • All other grounds of appeal dismissed.