Blue Gentian LLC & Anor v Tristar Products (UK) Ltd & Anor

Blue Gentian LLC & Anor v Tristar Products (UK) Ltd & Anor

The Court of Appeal held that the High Court judge made no error of principle in finding that the invention was not obvious in light of Ragner or McDonald. The judge was entitled to prefer the evidence of Blue Gentian's expert and to conclude that neither prior art document rendered the claimed invention obvious to the skilled person. The appeal was dismissed.

Parties
Claimant/respondent: Blue Gentian LLC; Claimant/respondent: E Mishan & Sons Inc (trading as Emson); Defendant/appellant: Tristar Products (UK) Ltd; Defendant/appellant: Tristar Products Inc
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Civil Appeal (patents/infringement) / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Patent Infringement, Patent Validity, Obviousness, Novelty, Prior Art
Intellectual Property Patents Patent Infringement Patent Validity Obviousness Novelty Prior Art

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Parties

Blue Gentian LLC

Claimant/respondent

E Mishan & Sons Inc (trading as Emson)

Claimant/respondent

Tristar Products (UK) Ltd

Defendant/appellant

Tristar Products Inc

Defendant/appellant

Procedural Posture

Civil Appeal (patents/infringement) / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether the invention claimed in UK Patent No 2 490 276 was obvious in light of prior art (Ragner and McDonald)
  2. 2 Whether the High Court judge erred in rejecting the obviousness attacks against the patent

Ratio Decidendi

The Court of Appeal held that the High Court judge made no error of principle in finding that the invention was not obvious in light of Ragner or McDonald. The judge was entitled to prefer the evidence of Blue Gentian's expert and to conclude that neither prior art document rendered the claimed invention obvious to the skilled person. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Tristar Products (UK) Ltd and Tristar Products Inc is dismissed.
  • The findings and orders of the High Court (Birss J) are affirmed.