Claydon Yield-O-Meter v Mzuri Ltd & Anor

Claydon Yield-O-Meter v Mzuri Ltd & Anor

Claim 16 of the 296 Patent is invalid for lack of novelty due to prior use by Claydon itself, as the invention was made available to the public during field testing. The 576 Patent is invalid for lack of inventive step over the Claydon PCT Application. Even if valid, the 576 Patent was not infringed by Mzuri's Pro-Til drills. Had the 296 Patent been valid, it would have been infringed.

Parties
Claimant: Claydon Yield-O-Meter Limited; First Defendant: Mzuri Limited; Second Defendant: Christopher Martin Lole; Third Party: Jeffrey Claydon
Jurisdiction
England and Wales
Judgment Date
22 April 2021
Procedural Posture
Patent Infringement and Revocation / Judgment After Trial
Outcome
Claim dismissed; counterclaim for revocation allowed
Legal Topics
Patent Infringement, Patent Validity, Prior Use, Inventive Step, Common General Knowledge, Construction of Patent Claims
Intellectual Property Patent Law Patent Infringement Patent Validity Prior Use Inventive Step Common General Knowledge Construction of Patent Claims

Case Brief

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Parties

Claydon Yield-O-Meter Limited

Claimant

Mzuri Limited

First Defendant

Christopher Martin Lole

Second Defendant

Jeffrey Claydon

Third Party

Procedural Posture

Patent Infringement and Revocation / Judgment After Trial

Legal Issues

  1. 1 Whether Mzuri infringed Claydon's UK Patent No. 2 400 296 and European Patent UK No. 2 051 576
  2. 2 Whether the patents are invalid for lack of novelty or inventive step, including by prior use and over cited prior art

Ratio Decidendi

Claim 16 of the 296 Patent is invalid for lack of novelty due to prior use by Claydon itself, as the invention was made available to the public during field testing. The 576 Patent is invalid for lack of inventive step over the Claydon PCT Application. Even if valid, the 576 Patent was not infringed by Mzuri's Pro-Til drills. Had the 296 Patent been valid, it would have been infringed.

Court Disposition

Claim dismissed; counterclaim for revocation allowed

Orders

  • The 296 Patent is revoked for lack of novelty.
  • The 576 Patent is revoked for lack of inventive step.