Advanced Bionics Ag & Anor v Med-El Elektromedizinische Gerate GmbH [2023] EWCA Civ 637 (09 June 2023)

Advanced Bionics Ag & Anor v Med-El Elektromedizinische Gerate GmbH [2023] EWCA Civ 637 (09 June 2023)

The patent was obvious in light of Zimmerling and common general knowledge. The judge made no error of law or principle in his evaluation. The step from Zimmerling to the claimed invention was obvious to the skilled person, and the arguments advanced by Med-El did not establish any error in the judge's approach or findings.

Citation
[2023] EWCA Civ 637
Parties
Claimant/respondent: Advanced Bionics AG; Claimant/respondent: Advanced Bionics UK Limited; Defendant/appellant: MED-EL ELEKTROMEDIZINISCHE GERÄTE GMBH
Jurisdiction
England and Wales
Judgment Date
09 June 2023
Procedural Posture
Patent Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; patent held invalid for obviousness.
Legal Topics
Patent Validity, Obviousness, Infringement, Medical Devices, Cochlear Implants
Intellectual Property Patents Patent Validity Obviousness Infringement Medical Devices Cochlear Implants

Case Brief

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Parties

Advanced Bionics AG

Claimant/respondent

Advanced Bionics UK Limited

Claimant/respondent

MED-EL ELEKTROMEDIZINISCHE GERÄTE GMBH

Defendant/appellant

Procedural Posture

Patent Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the patent in suit is obvious over prior art (Zimmerling)
  2. 2 Whether the claimed invention involves an inventive step
  3. 3 Whether the patent would be infringed if valid

Ratio Decidendi

The patent was obvious in light of Zimmerling and common general knowledge. The judge made no error of law or principle in his evaluation. The step from Zimmerling to the claimed invention was obvious to the skilled person, and the arguments advanced by Med-El did not establish any error in the judge's approach or findings.

Court Disposition

Appeal dismissed; patent held invalid for obviousness.

Orders

  • Appeal dismissed
  • No need to consider infringement due to invalidity