Salts Healthcare Ltd v Pelican Healthcare Ltd [2026] EWCA Civ 93 (19 February 2026)

The claims require weld portions that extend away from the actual periphery and downwardly towards the bottom of the appliance; Pelican's ModaVi bags do not satisfy these structural requirements, and strict compliance is essential. Claim 8 as granted lacks novelty over Grum-Schwensen due to prior disclosure.

Citation: [2026] EWCA Civ 93
Parties: Claimant/appellant: Salts Healthcare Limited; Defendant/respondent: Pelican Healthcare Limited
Jurisdiction: England and Wales
Judgment Date: 19 February 2026
Procedural Posture: Patent Infringement Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Patent Infringement, Claim Construction, Doctrine of Equivalents, Novelty, Ostomy Appliances

Intellectual Property Patent Law Patent Infringement Claim Construction Doctrine of Equivalents Novelty Ostomy Appliances

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Parties

Salts Healthcare Limited

Claimant/appellant

Pelican Healthcare Limited

Defendant/respondent

Procedural Posture

Patent Infringement Appeal / Court of Appeal Judgment

Legal Issues

1 Proper interpretation of claims 5 and 8 of UK Patent No. 2569212
2 Whether Pelican's ModaVi ostomy bags infringe claims 5 and 8
3 Whether claim 8 as granted lacks novelty over Grum-Schwensen

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

No infringement found for claims 5 and 8 by Pelican's ModaVi bags
Claim 8 as granted lacks novelty over Grum-Schwensen