Corus UK Ltd v Qual-Chem Ltd
The process for treatment of slag was disclosed in the original application, so there was no added matter. The meaning of 'tailored' in the claim was satisfied by the selection of pressure to achieve the desired effect, not requiring a specific adjustment mechanism. Therefore, the patent was valid and infringed.
- Parties
- Appellant/defendant: Corus UK Ltd; Respondent/claimant: Qual-Chem Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 29 October 2008
- Procedural Posture
- Civil Appeal (patent) / Appeal From Patents County Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Patent Validity, Patent Infringement, Added Matter, Interpretation of Patent Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Corus UK Ltd
Appellant/defendant
Qual-Chem Ltd
Respondent/claimant
Procedural Posture
Civil Appeal (patent) / Appeal From Patents County Court Judgment
Legal Issues
- 1 Whether the amended patent specification contains added matter beyond the application as filed
- 2 Whether the patent is infringed by Corus' process under the meaning of 'tailored' in the claim
Ratio Decidendi
The process for treatment of slag was disclosed in the original application, so there was no added matter. The meaning of 'tailored' in the claim was satisfied by the selection of pressure to achieve the desired effect, not requiring a specific adjustment mechanism. Therefore, the patent was valid and infringed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed; judgment and order of the Patents County Court upheld
Full Case Text
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