Compactgtl Ltd v Velocys Plc & Ors

Compactgtl Ltd v Velocys Plc & Ors

References to 'residence time' in the patents were an obvious mistake and should be amended to 'contact time'; the patents are novel and non-obvious over Hunter and Schanke; CompactGTL's catalyst structure and process infringe the relevant claims.

Parties
Defendant: CompactGTL Limited; Defendant: Velocys PLC; Claimant: Velocys Inc; Defendant: Battelle Memorial Institute
Jurisdiction
England and Wales
Judgment Date
22 September 2014
Procedural Posture
Patent Infringement and Validity / Judgment After Trial
Outcome
Claims for amendment and infringement allowed; patents held valid and infringed.
Legal Topics
Patent Amendment, Patent Infringement, Novelty, Obviousness, Claim Construction

Case Brief

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Parties

CompactGTL Limited

Defendant

Velocys PLC

Defendant

Velocys Inc

Claimant

Battelle Memorial Institute

Defendant

Procedural Posture

Patent Infringement and Validity / Judgment After Trial

  1. 1 Whether references to 'residence time' in the patents are an obvious mistake and should be amended to 'contact time'
  2. 2 Novelty of claim 1 of 509 over Hunter
  3. 3 Novelty of claim 1 of 508 over Schanke

Ratio Decidendi

References to 'residence time' in the patents were an obvious mistake and should be amended to 'contact time'; the patents are novel and non-obvious over Hunter and Schanke; CompactGTL's catalyst structure and process infringe the relevant claims.

Court Disposition

Claims for amendment and infringement allowed; patents held valid and infringed.

Orders

  • Velocys' first amendment application allowed.
  • Velocys' second amendment application refused as unnecessary.