Select Healthcare (UK) Ltd v Cromptons Healthcare Ltd & Anor [2011] EWHC 1830 (Pat) (15 July 2011)

Poly-Glide does not have a pimpled finish as required by claim 1 of the Patent, and the only inventive step over the prior art is the pimpled finish, which was found to be obvious to the skilled person. Therefore, claim 1 is invalid for obviousness and Poly-Glide does not infringe.

Citation: [2011] EWHC 1830 (Pat)
Parties: Claimant: Select Healthcare (UK) Limited; First Defendant: Cromptons Healthcare Limited; Second Defendant: Proto Magic Innovations Limited
Jurisdiction: England and Wales
Judgment Date: 15 July 2011
Procedural Posture: Patent Infringement and Revocation / High Court Trial Judgment
Outcome: Patent held invalid for obviousness; no infringement found.
Legal Topics: Patent Infringement, Patent Validity, Obviousness, Sufficiency, Added Matter, Exclusive Licence

Intellectual Property Patent Law Patent Infringement Patent Validity Obviousness Sufficiency Added Matter Exclusive Licence

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Parties

Select Healthcare (UK) Limited

Claimant

Cromptons Healthcare Limited

First Defendant

Proto Magic Innovations Limited

Second Defendant

Procedural Posture

Patent Infringement and Revocation / High Court Trial Judgment

Legal Issues

1 Whether the Poly-Glide product infringes claim 1 of UK Patent No. GB 2 433 244 B
2 Whether claim 1 of the Patent is invalid for obviousness
3 Whether the Patent is insufficient or contains added matter

Ratio Decidendi

Court Disposition

Patent held invalid for obviousness; no infringement found.