Menashe Business Mercantile Ltd. & Anor v William Hill Organization Ltd. [2002] EWCA Civ 1702 (28 November 2002)

Menashe Business Mercantile Ltd. & Anor v William Hill Organization Ltd. [2002] EWCA Civ 1702 (28 November 2002)

Supplying a means (such as a CD) in the UK, which enables a UK user to use a patented system, constitutes putting the invention into effect in the UK under section 60(2) of the Patents Act 1977, even if a component of the system (the host computer) is located outside the UK.

Citation
[2002] EWCA Civ 1702
Parties
Claimant/respondent: Menashe Business Mercantile Limited; Claimant/respondent: Julian Menashe; Defendant/appellant: William Hill Organization Limited
Jurisdiction
England and Wales
Judgment Date
28 November 2002
Procedural Posture
Patent Infringement Appeal / Appeal From Chancery Division on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Patent Infringement, Territorial Scope of Patents, Indirect Infringement, Interpretation of Patents Act 1977 S.60(2)
Intellectual Property Patent Law Patent Infringement Territorial Scope of Patents Indirect Infringement Interpretation of Patents Act 1977 S.60(2)

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Parties

Menashe Business Mercantile Limited

Claimant/respondent

Julian Menashe

Claimant/respondent

William Hill Organization Limited

Defendant/appellant

Procedural Posture

Patent Infringement Appeal / Appeal From Chancery Division on Preliminary Issue

Legal Issues

  1. 1 Whether supply of means (CDs) in the UK for a patented system where a component (host computer) is outside the UK constitutes infringement under section 60(2) of the Patents Act 1977
  2. 2 Interpretation of 'putting the invention into effect in the United Kingdom'

Ratio Decidendi

Supplying a means (such as a CD) in the UK, which enables a UK user to use a patented system, constitutes putting the invention into effect in the UK under section 60(2) of the Patents Act 1977, even if a component of the system (the host computer) is located outside the UK.

Court Disposition

Appeal dismissed

Orders

  • Preliminary issue answered in the negative; supply of means in the UK can infringe even if a component is outside the UK.