Salts Healthcare Limited v Pelican Healthcare Limited

Salts Healthcare Limited v Pelican Healthcare Limited

The claims require weld portions that extend away from the periphery and downwardly towards the bottom of the appliance; Pelican's ModaVi bags do not meet this requirement as their weld portions extend upwardly. The doctrine of equivalents does not extend protection to the variant because the claim structure and specification indicate strict compliance is required. Claim 8 as granted is novel over Grum-Schwensen as the prior art does not clearly and unambiguously disclose the required weld portion configuration when the outlet is folded. Pre-transfer costs should be limited to IPEC scale in the absence of a specific order to the contrary.

Parties
Claimant/appellant: Salts Healthcare Limited; Defendant/respondent: Pelican Healthcare Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2026
Procedural Posture
Civil Appeal (patents/infringement) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed on infringement; appeal allowed on novelty and pre-transfer costs.
Legal Topics
Patent Infringement, Patent Validity, Doctrine of Equivalents, Claim Construction, Novelty, Costs (ipec and High Court)
Intellectual Property Patent Law Civil Procedure Patent Infringement Patent Validity Doctrine of Equivalents Claim Construction Novelty +1 more

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Parties

Salts Healthcare Limited

Claimant/appellant

Pelican Healthcare Limited

Defendant/respondent

Procedural Posture

Civil Appeal (patents/infringement) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

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

Ratio Decidendi

The claims require weld portions that extend away from the periphery and downwardly towards the bottom of the appliance; Pelican's ModaVi bags do not meet this requirement as their weld portions extend upwardly. The doctrine of equivalents does not extend protection to the variant because the claim structure and specification indicate strict compliance is required. Claim 8 as granted is novel over Grum-Schwensen as the prior art does not clearly and unambiguously disclose the required weld portion configuration when the outlet is folded. Pre-transfer costs should be limited to IPEC scale in the absence of a specific order to the contrary.

Court Disposition

Appeal dismissed on infringement; appeal allowed on novelty and pre-transfer costs.

Orders

  • Claim for infringement dismissed; no infringement found.
  • Claim 8 as granted held novel over Grum-Schwensen; judge's finding of lack of novelty reversed.