Epoch Company Ltd v Character Options Ltd

Epoch Company Ltd v Character Options Ltd

The patent is invalid for lack of inventive step because it would have been obvious to the skilled person at the priority date to use transparent polyhedral beads in place of spherical beads in a fusible bead toy, as disclosed in the prior art (Bindeez Aquadots and Tobias).

Source-derived case information.

Parties
Claimant: Epoch Company Limited; Defendant: Character Options Limited
Jurisdiction
England and Wales
Judgment Date
22 March 2017
Procedural Posture
Patent Infringement and Validity Dispute / Judgment After Trial
Outcome
Claim dismissed; patent held invalid for lack of inventive step.
Legal Topics
Patent Infringement, Patent Validity, Inventive Step, Aesthetic Creation Exclusion, Claim Construction
Intellectual Property Patent Law Patent Infringement Patent Validity Inventive Step Aesthetic Creation Exclusion Claim Construction

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Parties

Epoch Company Limited

Claimant

Character Options Limited

Defendant

Procedural Posture

Patent Infringement and Validity Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant infringed the claimant's patent
  2. 2 Whether the patent is invalid for lack of inventive step
  3. 3 Whether the patent is invalid as an aesthetic creation as such under s.1(2)(b) Patents Act 1977

Ratio Decidendi

The patent is invalid for lack of inventive step because it would have been obvious to the skilled person at the priority date to use transparent polyhedral beads in place of spherical beads in a fusible bead toy, as disclosed in the prior art (Bindeez Aquadots and Tobias).

Court Disposition

Claim dismissed; patent held invalid for lack of inventive step.