Rockwater Ltd v Coflexip SA & Anor [2003] EWHC 812 (Ch) (15 April 2003)

Rockwater Ltd v Coflexip SA & Anor [2003] EWHC 812 (Ch) (15 April 2003)

The Toisa Perseus did not infringe the process claims of the Coflexip patent as operated, and the device claims require the tensioner to comprise the last means for guiding the flexible conduit; mere capability is insufficient. The patent is valid over the pleaded prior art, and the claims are not limited to deep water or specific conduit sizes.

Citation
[2003] EWHC 812 (Ch)
Parties
Claimant/part 20 Defendant: Rockwater Limited; Defendant/part 20 Claimant: Coflexip S.A.; Defendant/part 20 Claimant: Technip Offshore UK Limited
Jurisdiction
England and Wales
Judgment Date
15 April 2003
Procedural Posture
Patent Revocation and Infringement / High Court Judgment
Outcome
Claim for revocation dismissed; counterclaim for infringement dismissed.
Legal Topics
Patent Validity, Patent Infringement, Construction of Patent Claims, Prior Art, Obviousness

Case Brief

Summary, issues, holding and outcome

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Parties

Rockwater Limited

Claimant/part 20 Defendant

Coflexip S.A.

Defendant/part 20 Claimant

Technip Offshore UK Limited

Defendant/part 20 Claimant

Procedural Posture

Patent Revocation and Infringement / High Court Judgment

  1. 1 Whether Rockwater infringed Coflexip's patent by the commercial presence of Toisa Perseus in the Leadon and East Foinaven fields
  2. 2 Whether the patent is valid in light of prior art including US Patent No. 4,721,411 and UK Patent Application No. 2,178,129
  3. 3 Proper construction of claims 1 and 3 of the Coflexip patent

Ratio Decidendi

The Toisa Perseus did not infringe the process claims of the Coflexip patent as operated, and the device claims require the tensioner to comprise the last means for guiding the flexible conduit; mere capability is insufficient. The patent is valid over the pleaded prior art, and the claims are not limited to deep water or specific conduit sizes.

Court Disposition

Claim for revocation dismissed; counterclaim for infringement dismissed.

Orders

  • No infringement found by Rockwater Limited; patent remains valid.
  • No relief granted to Coflexip S.A. and Technip Offshore UK Limited.