Curt G. Joa, Inc v Fameccanica Data SpA [2017] EWHC 1251 (IPEC) (24 May 2017)

Curt G. Joa, Inc v Fameccanica Data SpA [2017] EWHC 1251 (IPEC) (24 May 2017)

The proposed amendments to the patent specification and claims would result in the disclosure of additional matter not present in the application as filed, and the amended claims would lack clarity to the skilled person. Therefore, the applications to amend are not allowable under s.76(3)(a) and s.14(5)(b) of the Patents Act 1977.

Citation
[2017] EWHC 1251 (IPEC)
Parties
Claimant: Curt G. Joa, Inc; Defendant: Fameccanica Data SpA
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Patent Revocation / Judgment After Trial
Outcome
Applications to amend the patent dismissed; patent revoked.
Legal Topics
Patent Amendment, Added Matter, Clarity of Claims, Novelty, Inventive Step
Intellectual Property Patent Law Patent Amendment Added Matter Clarity of Claims Novelty Inventive Step

Case Brief

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Parties

Curt G. Joa, Inc

Claimant

Fameccanica Data SpA

Defendant

Procedural Posture

Patent Revocation / Judgment After Trial

Legal Issues

  1. 1 Whether proposed amendments to the patent specification disclose additional matter contrary to s.76(3)(a) Patents Act 1977
  2. 2 Whether amended claims lack clarity contrary to s.14(5)(b) Patents Act 1977
  3. 3 Whether amended claim 9 lacks novelty over Coslett

Ratio Decidendi

The proposed amendments to the patent specification and claims would result in the disclosure of additional matter not present in the application as filed, and the amended claims would lack clarity to the skilled person. Therefore, the applications to amend are not allowable under s.76(3)(a) and s.14(5)(b) of the Patents Act 1977.

Court Disposition

Applications to amend the patent dismissed; patent revoked.

Orders

  • Patent revoked
  • Applications to amend dismissed