E Mishan & Sons, Inc (t/a Emson) v Hozelock Ltd & Ors

The patents are invalid for obviousness over McDonald, as the skilled hose designer would find it obvious to adapt the self-elongating oxygen hose for use as a garden water hose. Prior use and Ragner do not invalidate the patents. If valid, the Superhoze 1 and 2 would infringe the patents under the doctrine of equivalents, as the differences are immaterial. Claim 1 of EP 585 has valid priority.

Parties: Claimant: E. Mishan & Sons, Inc T/A Emson; 1st Defendant: Hozelock Limited; 2nd Defendant: Blue Gentian LLC; 3rd Defendant: Telebrands Corp
Jurisdiction: England and Wales
Judgment Date: 17 April 2019
Procedural Posture: Patent Infringement and Validity Action / Final Judgment
Outcome: Patents held invalid for obviousness over McDonald; no relief granted for infringement.
Legal Topics: Patent Infringement, Patent Validity, Obviousness, Prior Use, Priority, Doctrine of Equivalents

Intellectual Property Patent Law Patent Infringement Patent Validity Obviousness Prior Use Priority Doctrine of Equivalents

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Parties

E. Mishan & Sons, Inc T/A Emson

Claimant

Hozelock Limited

1st Defendant

Blue Gentian LLC

2nd Defendant

Telebrands Corp

3rd Defendant

Procedural Posture

Patent Infringement and Validity Action / Final Judgment

Legal Issues

1 Whether the Superhoze 1 and Superhoze 2 infringe GB 276 and EP 585 patents
2 Whether the patents are invalid for lack of inventive step (obviousness) over prior art (Ragner, McDonald) and prior use
3 Whether the patents are invalid due to lack of priority

Ratio Decidendi

Court Disposition

Patents held invalid for obviousness over McDonald; no relief granted for infringement.