City Technology Ltd v Alphasense Ltd [2002] EWCA Civ 347 (26 March 2002)

City Technology Ltd v Alphasense Ltd [2002] EWCA Civ 347 (26 March 2002)

The patent was valid and infringed. The defendant's sensor fell within the scope of claim 1 when properly construed under the Protocol, and the invention was not obvious over the prior art or common general knowledge.

Citation
[2002] EWCA Civ 347
Parties
Claimant/respondent: City Technology Limited; Defendant/appellant: Alphasense Limited
Jurisdiction
England and Wales
Judgment Date
26 March 2002
Procedural Posture
Patent Infringement and Validity Appeal / Appeal From Chancery Division, High Court
Outcome
Appeal dismissed
Legal Topics
Patent Infringement, Patent Validity, Obviousness, Claim Construction, Electrochemical Sensors
Intellectual Property Law Patent Infringement Patent Validity Obviousness Claim Construction Electrochemical Sensors

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Parties

City Technology Limited

Claimant/respondent

Alphasense Limited

Defendant/appellant

Procedural Posture

Patent Infringement and Validity Appeal / Appeal From Chancery Division, High Court

Legal Issues

  1. 1 Whether the defendant's sensor infringed claim 1 of the claimant's patent
  2. 2 Whether claim 1 of the patent was invalid for obviousness

Ratio Decidendi

The patent was valid and infringed. The defendant's sensor fell within the scope of claim 1 when properly construed under the Protocol, and the invention was not obvious over the prior art or common general knowledge.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs of the appeal agreed in the sum of £37,500 on or before 12th April 2002