University of Queensland v Siemens Magnet Technology Ltd & Anor [2007] EWHC 2258 (Pat) (10 October 2007)

University of Queensland v Siemens Magnet Technology Ltd & Anor [2007] EWHC 2258 (Pat) (10 October 2007)

The patent is invalid for added matter because the feature of 'common inner radius' was not disclosed in the application as filed but was introduced in the granted patent, contrary to section 76(2) of the Patents Act 1977. As a result, the patent must be revoked. Infringement was not established for the OR76 magnet, as it was not a 'magnetic resonance system' within the meaning of the claim during testing, and the OR122 magnet did not meet the claim requirements. Even if infringement had occurred, the patent would be invalid for added matter.

Citation
[2007] EWHC 2258 (Pat)
Parties
Claimant: University of Queensland; First Defendant: Siemens Magnet Technology Limited; Second Defendant: Siemens PLC
Jurisdiction
England and Wales
Judgment Date
10 October 2007
Procedural Posture
Patent Infringement and Validity Action / First Instance Judgment
Outcome
Patent revoked for added matter; no relief for infringement granted.
Legal Topics
Patent Infringement, Patent Validity, Added Matter, Obviousness, Construction of Patent Claims, Magnetic Resonance Imaging (mri) Technology
Intellectual Property Patents Patent Infringement Patent Validity Added Matter Obviousness Construction of Patent Claims Magnetic Resonance Imaging (mri) Technology

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Parties

University of Queensland

Claimant

Siemens Magnet Technology Limited

First Defendant

Siemens PLC

Second Defendant

Procedural Posture

Patent Infringement and Validity Action / First Instance Judgment

Legal Issues

  1. 1 Whether the defendants infringed the claimant's patent
  2. 2 Whether the patent is invalid for added matter
  3. 3 Whether the patent is invalid for obviousness

Ratio Decidendi

The patent is invalid for added matter because the feature of 'common inner radius' was not disclosed in the application as filed but was introduced in the granted patent, contrary to section 76(2) of the Patents Act 1977. As a result, the patent must be revoked. Infringement was not established for the OR76 magnet, as it was not a 'magnetic resonance system' within the meaning of the claim during testing, and the OR122 magnet did not meet the claim requirements. Even if infringement had occurred, the patent would be invalid for added matter.

Court Disposition

Patent revoked for added matter; no relief for infringement granted.

Orders

  • Patent GB 2 308 451 revoked for added matter under section 72(1)(d) Patents Act 1977.
  • No order for infringement or damages.