Folding Attic Stairs Ltd v The Loft Stairs Company Ltd & Anor (Rev 1)

The patent is valid as neither old Stira, the test unit, nor Lundh anticipate or render the invention obvious; the Defendants' larger stair products infringe the patent, except for the 22 inch version.

Parties: Claimant: Folding Attic Stairs Limited; First Defendant: Stairs Company Limited; Second Defendant: The Loft; Second Defendant: Michael Heraghty
Jurisdiction: England and Wales
Judgment Date: 09 June 2009
Procedural Posture: Patent Infringement / Judgment
Outcome: Judgment for the Claimant; patent valid and infringed except by the 22 inch version.
Legal Topics: Patent Validity, Patent Infringement, Anticipation, Obviousness, Product by Process Claims

Intellectual Property Patent Law Patent Validity Patent Infringement Anticipation Obviousness Product by Process Claims

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 1

Parties

Folding Attic Stairs Limited

Claimant

Stairs Company Limited

First Defendant

The Loft

Second Defendant

Michael Heraghty

Second Defendant

Procedural Posture

Patent Infringement / Judgment

Legal Issues

1 Whether the patent in suit is valid
2 Whether the patent is anticipated or obvious over prior art
3 Whether the patent is infringed by the Defendants

Ratio Decidendi

Court Disposition

Judgment for the Claimant; patent valid and infringed except by the 22 inch version.

Orders

Inquiry as to damages or account of profits
Permission for Defendants to deny infringement by affidavit, otherwise facts as found stand