Canady v Erbe Elektromedizin GmbH & Ors

Canady v Erbe Elektromedizin GmbH & Ors

The defendants' probes do not infringe the patent because the connector plug is not a 'handle' as required by the claim; it is not suitable for manoeuvring the probe within the endoscope for APC procedures, and the claim must be construed in context with the intended use and standard practice.

Parties
Claimant: Jerome Canady; First Defendant: Erbe Elektromedizin GmbH; Second Defendant: Erbe Medical UK Limited; Third Defendant: Keymed (Medical and Industrial Equipment) Limited; Fourth Defendant: Olympus Corporation
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Patent Infringement / Judgment After Separate Trial of Infringement
Outcome
Claim dismissed; declarations of non-infringement granted to Olympus.
Legal Topics
Patent Infringement, Claim Construction, Medical Devices
Intellectual Property Patent Law Patent Infringement Claim Construction Medical Devices

Case Brief

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Parties

Jerome Canady

Claimant

Erbe Elektromedizin GmbH

First Defendant

Erbe Medical UK Limited

Second Defendant

Keymed (Medical and Industrial Equipment) Limited

Third Defendant

Olympus Corporation

Fourth Defendant

Procedural Posture

Patent Infringement / Judgment After Separate Trial of Infringement

Legal Issues

  1. 1 Whether the defendants' probes infringe European Patent (UK) No. 0595967 by having a 'handle' as claimed
  2. 2 Proper construction of 'handle' and 'manoeuvring' in the patent claim

Ratio Decidendi

The defendants' probes do not infringe the patent because the connector plug is not a 'handle' as required by the claim; it is not suitable for manoeuvring the probe within the endoscope for APC procedures, and the claim must be construed in context with the intended use and standard practice.

Court Disposition

Claim dismissed; declarations of non-infringement granted to Olympus.

Orders

  • Olympus entitled to declarations of non-infringement for probes set out in their product description, including those for use in bronchoscopes not yet introduced in this jurisdiction.