Tamglass Ltd. Oy v Luoyang North Glass Technology Company Ltd. & Anor [2006] EWHC 65 (Ch) (27 January 2006)
The patent is valid as the prior art does not anticipate or render it obvious; the defendants infringed by importing, offering, and using the patented process and apparatus; claimant has proper title to sue.
- Citation
- [2006] EWHC 65 (Ch)
- Parties
- Claimant: Tamglass Limited Oy; First Defendant: Luoyang North Glass Technology Company Limited; Second Defendant: Novaglaze Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 27 January 2006
- Procedural Posture
- Patent Infringement and Revocation / Final Judgment
- Outcome
- Patent found valid; infringement established against both defendants; relief to be determined at later hearing.
- Legal Topics
- Patent Infringement, Patent Validity, Novelty, Obviousness, Assignment of Patents
Case Brief
Summary, issues, holding and outcome
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Parties
Tamglass Limited Oy
Claimant
Luoyang North Glass Technology Company Limited
First Defendant
Novaglaze Limited
Second Defendant
Procedural Posture
Patent Infringement and Revocation / Final Judgment
Legal Issues
- 1 Whether European patent (UK) No 0261611 is valid
- 2 Whether defendants infringed the patent
- 3 Whether prior art anticipates or renders the patent obvious
Ratio Decidendi
The patent is valid as the prior art does not anticipate or render it obvious; the defendants infringed by importing, offering, and using the patented process and apparatus; claimant has proper title to sue.
Court Disposition
Patent found valid; infringement established against both defendants; relief to be determined at later hearing.
Orders
- Claimant awarded wasted costs relating to late evidence and procedural issues, to be assessed.
- Precise relief and remedies to be determined at subsequent hearing.
Full Case Text
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