Vernacare Ltd v Moulded Fibre Products Ltd [2023] EWCA Civ 841 (18 July 2023)

Vernacare Ltd v Moulded Fibre Products Ltd [2023] EWCA Civ 841 (18 July 2023)

Claims 1 and 9 of GB Patent No 2 439 947 are invalid for obviousness over Shimooka, as Shimooka disclosed or made obvious all features of the claims, including the use of fluorocarbon in moulded paper pulp bowls, and the claimed range in claim 9 was obvious to try. The judge erred by importing a purpose-based element into the inventive concept and failing to properly address the evidence on claim 9.

Citation
[2023] EWCA Civ 841
Parties
Claimant/respondent: Vernacare Limited; Defendant/appellant: Moulded Fibre Products Limited
Jurisdiction
England and Wales
Judgment Date
18 July 2023
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; claims 1 and 9 of GB Patent No 2 439 947 held invalid.
Legal Topics
Patent Validity, Inventive Step, Obviousness, Claim Construction
Intellectual Property Patent Law Patent Validity Inventive Step Obviousness Claim Construction

Case Brief

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Parties

Vernacare Limited

Claimant/respondent

Moulded Fibre Products Limited

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether claims 1 and 9 of GB Patent No 2 439 947 are invalid for obviousness over Shimooka
  2. 2 Proper construction of 'washbowl' in the patent claims
  3. 3 Correct formulation of inventive concept for claim 1

Ratio Decidendi

Claims 1 and 9 of GB Patent No 2 439 947 are invalid for obviousness over Shimooka, as Shimooka disclosed or made obvious all features of the claims, including the use of fluorocarbon in moulded paper pulp bowls, and the claimed range in claim 9 was obvious to try. The judge erred by importing a purpose-based element into the inventive concept and failing to properly address the evidence on claim 9.

Court Disposition

Appeal allowed; claims 1 and 9 of GB Patent No 2 439 947 held invalid.

Orders

  • Claims 1 and 9 of GB Patent No 2 439 947 are invalid for obviousness.
  • Appeal allowed.