AP Racing Ltd v Alcon Components Ltd
A caliper infringes claim 1 of UK Patent No. 2,451,690 only if it has a peripheral stiffening band that is appreciably beyond and distinct from limb material at the ends of cylinders, materially increases stiffness, and is asymmetric about any lateral axis in plan view. Only Alcon's caliper CAR 9549Y73 meets these criteria; the others do not.
- Parties
- Claimant: AP Racing Limited; Defendant: Alcon Components Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 15 February 2017
- Procedural Posture
- Patent Infringement / Judgment After Trial
- Outcome
- Partially in favour of claimant
- Legal Topics
- Patent Infringement, Claim Construction, Peripheral Stiffening Bands, Asymmetry in Patent Claims
Case Brief
Summary, issues, holding and outcome
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Parties
AP Racing Limited
Claimant
Alcon Components Limited
Defendant
Procedural Posture
Patent Infringement / Judgment After Trial
Legal Issues
- 1 Whether Alcon's calipers infringe UK Patent No. 2,451,690
- 2 Proper construction of 'peripheral stiffening band' and 'asymmetric profile' in claim 1
Ratio Decidendi
A caliper infringes claim 1 of UK Patent No. 2,451,690 only if it has a peripheral stiffening band that is appreciably beyond and distinct from limb material at the ends of cylinders, materially increases stiffness, and is asymmetric about any lateral axis in plan view. Only Alcon's caliper CAR 9549Y73 meets these criteria; the others do not.
Court Disposition
Partially in favour of claimant
Orders
- Declaration that Alcon's caliper CAR 9549Y73 infringes UK Patent No. 2,451,690
- Declaration that Alcon's calipers 17, 37, 0349, 9549Y71 and 72, 1279 and 2849 do not infringe
Full Case Text
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