Unilin Beheer BV v Berry Floor NV & Ors [2004] EWCA Civ 1021 (30 July 2004)

Unilin Beheer BV v Berry Floor NV & Ors [2004] EWCA Civ 1021 (30 July 2004)

'Free of play' in the patent claim means free of play for practical purposes, i.e., no visible gaps or movement that matters commercially, not absolute absence of movement. The priority document disclosed the invention sufficiently to support the claim without the lip-length and thickness limitations, so the claim is entitled to priority. The defendants' products, described as having no gaps and manufactured to tight tolerances, infringe the patent as construed.

Citation
[2004] EWCA Civ 1021
Parties
Respondent/claimant: Unilin Beheer BV; Appellant/defendant: Berry Floor NV; Appellant/defendant: Information Management Consultancy Design Limited (t/a Responsive Designs); Appellant/defendant: B&Q plc
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Patent Infringement and Validity Appeal / Appeal From Patents County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Patent Infringement, Patent Validity, Claim Construction, Priority Date, European Patent Convention
Intellectual Property Patent Law Patent Infringement Patent Validity Claim Construction Priority Date European Patent Convention

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Parties

Unilin Beheer BV

Respondent/claimant

Berry Floor NV

Appellant/defendant

Information Management Consultancy Design Limited (t/a Responsive Designs)

Appellant/defendant

B&Q plc

Appellant/defendant

Procedural Posture

Patent Infringement and Validity Appeal / Appeal From Patents County Court to Court of Appeal

Legal Issues

  1. 1 Proper construction of 'free of play' in patent claim
  2. 2 Whether defendants' flooring products infringe the patent as construed
  3. 3 Whether claim 20 is entitled to the claimed priority date

Ratio Decidendi

'Free of play' in the patent claim means free of play for practical purposes, i.e., no visible gaps or movement that matters commercially, not absolute absence of movement. The priority document disclosed the invention sufficiently to support the claim without the lip-length and thickness limitations, so the claim is entitled to priority. The defendants' products, described as having no gaps and manufactured to tight tolerances, infringe the patent as construed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the patent as amended is valid and infringed by the defendants' products.