Cantel Medical (UK) Ltd v ARC Medical Design Ltd

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

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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

  1. 1 Validity and infringement of European Patent (UK) No. 2 575 590 and UK Patent No. 2 478 081
  2. 2 Validity and infringement of Registered Community Designs (Endocuff RCD and Vision RCD)
  3. 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.