Rockwool International A/S v Knauf Insulation Ltd [2020] EWHC 1068 (Pat) (07 May 2020)

Rockwool International A/S v Knauf Insulation Ltd [2020] EWHC 1068 (Pat) (07 May 2020)

The patents as amended were not rendered obvious by the prior art because neither D3 nor D10 taught or made it obvious to use an inorganic acid precursor in the binder system; the amendments did not introduce added matter as the use of inorganic ammonium salts was disclosed in the original application; and the plausibility and sufficiency objections were not properly pleaded or supported by evidence, and in any event, the patents provided experimental support for the claimed invention.

Citation
[2020] EWHC 1068 (Pat)
Parties
Appellant (claimant for Revocation): Rockwool International A/S; Respondent (patentee): Knauf Insulation Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2020
Procedural Posture
Patent Appeal / Appeal From Decision of Comptroller General of Patents
Outcome
Appeal dismissed
Legal Topics
Patent Validity, Obviousness, Added Matter, Plausibility, Sufficiency of Disclosure, Patent Amendment
Intellectual Property Patents Patent Validity Obviousness Added Matter Plausibility Sufficiency of Disclosure Patent Amendment

Case Brief

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Parties

Rockwool International A/S

Appellant (claimant for Revocation)

Knauf Insulation Limited

Respondent (patentee)

Procedural Posture

Patent Appeal / Appeal From Decision of Comptroller General of Patents

Legal Issues

  1. 1 Whether the patents in suit (GB2451719 and GB2496951) are invalid for lack of inventive step (obviousness) over prior art D3 and D10
  2. 2 Whether the amendments to the patents introduce added matter
  3. 3 Whether the patents as amended are plausible and sufficiently disclosed

Ratio Decidendi

The patents as amended were not rendered obvious by the prior art because neither D3 nor D10 taught or made it obvious to use an inorganic acid precursor in the binder system; the amendments did not introduce added matter as the use of inorganic ammonium salts was disclosed in the original application; and the plausibility and sufficiency objections were not properly pleaded or supported by evidence, and in any event, the patents provided experimental support for the claimed invention.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Rockwool International A/S is dismissed.