Quinn Packaging Ltd v Linpac Packaging Ltd & Anor [2019] EWHC 2119 (IPEC) (31 July 2019)

Quinn Packaging Ltd v Linpac Packaging Ltd & Anor [2019] EWHC 2119 (IPEC) (31 July 2019)

Both the Linpac Patent and the Faerch Patent are invalid for lack of inventive step over Ono, as the skilled person would have found the claimed inventions obvious in light of the prior art. The proposed amendments to the Linpac Patent are refused as they do not cure the lack of inventive step.

Citation
[2019] EWHC 2119 (IPEC)
Parties
Claimant: Quinn Packaging Limited; First Defendant: Linpac Packaging Limited; Second Defendant: R. Færch Plast A/S
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Patent Revocation Action / Judgment After Trial
Outcome
Patents revoked; application to amend refused
Legal Topics
Patent Validity, Inventive Step, Patent Amendment, Prior Art, Obviousness
Intellectual Property Law Patent Validity Inventive Step Patent Amendment Prior Art Obviousness

Case Brief

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Parties

Quinn Packaging Limited

Claimant

Linpac Packaging Limited

First Defendant

R. Færch Plast A/S

Second Defendant

Procedural Posture

Patent Revocation Action / Judgment After Trial

Legal Issues

  1. 1 Whether the Linpac Patent and the Faerch Patent lack inventive step over the prior art (Ono)
  2. 2 Whether the proposed amendments to the Linpac Patent are permissible under the Patents Act 1977

Ratio Decidendi

Both the Linpac Patent and the Faerch Patent are invalid for lack of inventive step over Ono, as the skilled person would have found the claimed inventions obvious in light of the prior art. The proposed amendments to the Linpac Patent are refused as they do not cure the lack of inventive step.

Court Disposition

Patents revoked; application to amend refused

Orders

  • Both the Linpac Patent and the Faerch Patent are revoked for lack of inventive step.
  • Permission to amend the Linpac Patent is refused.