Smith & Nephew Plc v Convatec Technologies Inc

Smith & Nephew Plc v Convatec Technologies Inc

The skilled reader would understand the patentee intended the claim to embrace all concentrations of binding agent greater than or equal to 0.5% and less than 25.5%, based on the whole number (zero decimal places) approach to rounding, not as exact values or by significant figures. Therefore, both the Modified Process and the Original Process infringe if they fall within this range.

Parties
Respondent/appellant: Smith & Nephew plc; Appellant: ConvaTec Technologies Inc; Third Party: T J Smith & Nephew Ltd; Third Party: Smith & Nephew Medical Ltd
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Civil Appeal (patents) / Court of Appeal Judgment
Outcome
ConvaTec's appeal allowed; Smith & Nephew's appeal dismissed.
Legal Topics
Patent Claim Construction, Numerical Range Interpretation, Infringement, Significant Figures Vs Decimal Places
Intellectual Property Patents Patent Claim Construction Numerical Range Interpretation Infringement Significant Figures Vs Decimal Places

Case Brief

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Parties

Smith & Nephew plc

Respondent/appellant

ConvaTec Technologies Inc

Appellant

T J Smith & Nephew Ltd

Third Party

Smith & Nephew Medical Ltd

Third Party

Procedural Posture

Civil Appeal (patents) / Court of Appeal Judgment

Legal Issues

  1. 1 What is the correct construction of the phrase 'the agent being present in a concentration of between 1% and 25%' in the patent claim?
  2. 2 Does the Modified Process or the Original Process infringe the patent based on the correct construction of the numerical range?

Ratio Decidendi

The skilled reader would understand the patentee intended the claim to embrace all concentrations of binding agent greater than or equal to 0.5% and less than 25.5%, based on the whole number (zero decimal places) approach to rounding, not as exact values or by significant figures. Therefore, both the Modified Process and the Original Process infringe if they fall within this range.

Court Disposition

ConvaTec's appeal allowed; Smith & Nephew's appeal dismissed.

Orders

  • The judgment below is set aside to the extent inconsistent with this judgment.
  • The patent claim is to be construed as covering all concentrations of binding agent ≥ 0.5% and < 25.5%.