W L Gore & Associates GmbH v Geox SPA [2009] EWCA Civ 794 (29 July 2009)

W L Gore & Associates GmbH v Geox SPA [2009] EWCA Civ 794 (29 July 2009)

The terms 'mid-sole' and 'filler layer' in the '270 patent are to be construed contextually and purposively, not limited by technical or dimensional requirements; 'filler layer' is any layer between the insole and membrane, and 'mid-sole' is any layer between insole and tread. 'Unitary upper assembly' in the '183 patent requires a pre-prepared, cohesive assembly before attachment to the sole, not mere assembly in the mould. The judge's construction of all terms was correct, and there was no infringement by Gore's proposed shoes as per the declarations granted/refused below.

Citation
[2009] EWCA Civ 794
Parties
Appellant/claimant: W L Gore & Associates GMBH; Respondent/defendant: Geox SPA
Jurisdiction
England and Wales
Judgment Date
29 July 2009
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court (patents Court)
Outcome
Appeal and cross-appeal dismissed; judgment of the High Court affirmed.
Legal Topics
Patent Construction, Non Infringement Declarations, Claim Interpretation
Intellectual Property Patents Patent Construction Non Infringement Declarations Claim Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

W L Gore & Associates GMBH

Appellant/claimant

Geox SPA

Respondent/defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court (patents Court)

Legal Issues

  1. 1 Proper construction of 'mid-sole' and 'filler layer' in EP (UK) 0 858 270 patent
  2. 2 Proper construction of 'unitary upper assembly' in EP (UK) 1 185 183 patent
  3. 3 Whether Gore's proposed shoes infringe Geox's patents

Ratio Decidendi

The terms 'mid-sole' and 'filler layer' in the '270 patent are to be construed contextually and purposively, not limited by technical or dimensional requirements; 'filler layer' is any layer between the insole and membrane, and 'mid-sole' is any layer between insole and tread. 'Unitary upper assembly' in the '183 patent requires a pre-prepared, cohesive assembly before attachment to the sole, not mere assembly in the mould. The judge's construction of all terms was correct, and there was no infringement by Gore's proposed shoes as per the declarations granted/refused below.

Court Disposition

Appeal and cross-appeal dismissed; judgment of the High Court affirmed.