Canady v Erbe Elektromedizin GmbH & Ors [2005] EWHC 2946 (Pat) (21 December 2005)

Canady v Erbe Elektromedizin GmbH & Ors [2005] EWHC 2946 (Pat) (21 December 2005)

The defendants' probes do not infringe the patent because the connector at the proximal end does not constitute a 'handle' adapted for manoeuvring the tube within the endoscope while outside the endoscope, as required by the claim. The handle must perform a function over and above merely connecting, and in normal use, the connector is not suitable or used for manoeuvring the probe as contemplated by the patent.

Citation
[2005] EWHC 2946 (Pat)
Parties
Claimant: Jerome Canady; First Defendant: Erbe Elektromedizin GmbH; Second Defendant: Erbe Medical UK Limited; Third Defendant: Keymed (Medical and Industrial Equipment) Limited; Fourth Defendant: Olympus Corporation
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Patent Infringement / Separate Trial of Infringement Issue
Outcome
Claim dismissed
Legal Topics
Patent Infringement, Claim Construction, Medical Devices
Intellectual Property Patents Patent Infringement Claim Construction Medical Devices

Case Brief

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Parties

Jerome Canady

Claimant

Erbe Elektromedizin GmbH

First Defendant

Erbe Medical UK Limited

Second Defendant

Keymed (Medical and Industrial Equipment) Limited

Third Defendant

Olympus Corporation

Fourth Defendant

Procedural Posture

Patent Infringement / Separate Trial of Infringement Issue

Legal Issues

  1. 1 Whether the defendants' probes infringe European Patent (UK) No. 0595967, specifically the requirement for a 'handle' adapted for manoeuvring the tube within the endoscope while outside the endoscope.

Ratio Decidendi

The defendants' probes do not infringe the patent because the connector at the proximal end does not constitute a 'handle' adapted for manoeuvring the tube within the endoscope while outside the endoscope, as required by the claim. The handle must perform a function over and above merely connecting, and in normal use, the connector is not suitable or used for manoeuvring the probe as contemplated by the patent.

Court Disposition

Claim dismissed

Orders

  • Declarations of non-infringement granted to Olympus in relation to the probes set out in their product description, including those for use in bronchoscopes not yet introduced in this jurisdiction.