Saint-Gobain PAM SA v Fusion Provida Ltd & Anor [2005] EWCA Civ 177 (25 February 2005)

Saint-Gobain PAM SA v Fusion Provida Ltd & Anor [2005] EWCA Civ 177 (25 February 2005)

The use of Zn/Al alloy in place of Zn for buried pipe was not obvious to the skilled person at the priority date, as neither Johnsson nor the common general knowledge provided sufficient indication that the key protective mechanisms of Zn coatings (formation of corrosion product layers and long-term protection, including at damaged areas) would be replicated or improved by Zn/Al alloys. The trial judge made no error of principle in his evaluation, and the appeal is dismissed.

Citation
[2005] EWCA Civ 177
Parties
Respondent/claimant: Saint-Gobain PAM SA; Appellant/defendant: Fusion Provida Limited; Appellant/defendant: Electrosteel Castings Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2005
Procedural Posture
Patent Infringement and Validity Appeal / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Patent Validity, Obviousness, Infringement, Appeal Procedure
Intellectual Property Patents Patent Validity Obviousness Infringement Appeal Procedure

Case Brief

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Parties

Saint-Gobain PAM SA

Respondent/claimant

Fusion Provida Limited

Appellant/defendant

Electrosteel Castings Limited

Appellant/defendant

Procedural Posture

Patent Infringement and Validity Appeal / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether claim 1 of European Patent (UK) No 0686246 is invalid for obviousness over the Johnsson paper and common general knowledge

Ratio Decidendi

The use of Zn/Al alloy in place of Zn for buried pipe was not obvious to the skilled person at the priority date, as neither Johnsson nor the common general knowledge provided sufficient indication that the key protective mechanisms of Zn coatings (formation of corrosion product layers and long-term protection, including at damaged areas) would be replicated or improved by Zn/Al alloys. The trial judge made no error of principle in his evaluation, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellants to pay respondent's costs of the appeal (including the respondent's notice), subject to detailed assessment if not agreed.
  • Permission to appeal to the House of Lords refused.