Aktiebolag & Anor v Irish Ferries Ltd. [2003] EWCA Civ 66 (06 February 2003)

Aktiebolag & Anor v Irish Ferries Ltd. [2003] EWCA Civ 66 (06 February 2003)

Section 60(5)(d) of the Patents Act 1977 applies to the Jonathan Swift because each entry into UK territorial waters is temporary, regardless of frequency, and the exception covers the use of the patented invention in the body of the ship. The patent as claimed in claim 3 (appendant to claims 1 and 2) is valid and...

Source-derived case information.

Citation
[2003] EWCA Civ 66
Parties
Claimant/appellant: Stena Rederi Aktiebolag; Claimant/appellant: Stena Line Aktiebolag; Defendant/respondent: Irish Ferries Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2003
Procedural Posture
Patent Infringement and Validity Appeal / Court of Appeal (civil Division) on Appeal From Chancery Division
Outcome
Appeal dismissed; cross-appeal dismissed
Legal Topics
Patent Infringement, Patent Validity, International Patent Exceptions, Interpretation of Statutory Exceptions, Obviousness, Novelty
Intellectual Property Patent Law Patent Infringement Patent Validity International Patent Exceptions Interpretation of Statutory Exceptions Obviousness Novelty

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Summary, issues, holding and outcome

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Parties

Stena Rederi Aktiebolag

Claimant/appellant

Stena Line Aktiebolag

Claimant/appellant

Irish Ferries Limited

Defendant/respondent

Procedural Posture

Patent Infringement and Validity Appeal / Court of Appeal (civil Division) on Appeal From Chancery Division

Legal Issues

  1. 1 Whether the use of the patented invention on the Jonathan Swift ferry constitutes infringement under UK law given the exception in section 60(5)(d) of the Patents Act 1977
  2. 2 Whether the invention as claimed in claim 3 (appendant to claims 1 and 2) is valid, specifically whether it is obvious in light of prior art and common general knowledge

Ratio Decidendi

Section 60(5)(d) of the Patents Act 1977 applies to the Jonathan Swift because each entry into UK territorial waters is temporary, regardless of frequency, and the exception covers the use of the patented invention in the body of the ship. The patent as claimed in claim 3 (appendant to claims 1 and 2) is valid and not obvious in light of the prior art and common general knowledge. Therefore, there is no infringement and the patent is valid.

Court Disposition

Appeal dismissed; cross-appeal dismissed

Orders

  • No infringement found due to statutory exception under section 60(5)(d) of the Patents Act 1977
  • Patent held valid; not obvious