Cantel Medical (UK) Ltd v ARC Medical Design Ltd
Arc’s patents (as unconditionally amended) are valid and infringed by Cantel’s AmplifEYE; the Vision Registered Community Design is valid and infringed by AmplifEYE, but not by AmplifEYEs 2 and 3; UK unregistered design rights subsist and are owned by Arc, and are infringed by AmplifEYE and would be infringed by AmplifEYEs 2 and 3; Endocuff RCD is valid but not infringed; UK conditionally amended patent claim adds matter and is invalid.
- Parties
- Claimant: Cantel Medical (UK) Limited; Claimant: Cantel (UK) Limited; Defendant: Arc Medical Design Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 23 February 2018
- Procedural Posture
- Intellectual Property Dispute / Final Judgment
- Outcome
- Judgment for Arc Medical Design Limited in respect of patent and design infringement; partial declarations for Cantel on non-infringement of Endocuff RCD and AmplifEYEs 2 and 3.
- Legal Topics
- Patent Validity, Patent Infringement, Registered Community Design, Unregistered Design Right, Added Matter, Inventive Step, Design Corpus, Technical Function Exclusion
Case Brief
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Parties
Cantel Medical (UK) Limited
Claimant
Cantel (UK) Limited
Claimant
Arc Medical Design Limited
Defendant
Procedural Posture
Intellectual Property Dispute / Final Judgment
Legal Issues
- 1 Validity and infringement of European Patent (UK) No. 2 575 590 and UK Patent No. 2 478 081
- 2 Validity and infringement of Registered Community Designs (Endocuff RCD and Vision RCD)
- 3 Subsistence and infringement of UK unregistered design rights
Ratio Decidendi
Arc’s patents (as unconditionally amended) are valid and infringed by Cantel’s AmplifEYE; the Vision Registered Community Design is valid and infringed by AmplifEYE, but not by AmplifEYEs 2 and 3; UK unregistered design rights subsist and are owned by Arc, and are infringed by AmplifEYE and would be infringed by AmplifEYEs 2 and 3; Endocuff RCD is valid but not infringed; UK conditionally amended patent claim adds matter and is invalid.
Court Disposition
Judgment for Arc Medical Design Limited in respect of patent and design infringement; partial declarations for Cantel on non-infringement of Endocuff RCD and AmplifEYEs 2 and 3.
Orders
- Arc granted permission to amend patents as per unconditional applications.
- Both patents (as amended) are valid and infringed by AmplifEYE and would be infringed by AmplifEYEs 2 and 3.
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