Curt G. Joa, Inc v Fameccanica Data SpA

Curt G. Joa, Inc v Fameccanica Data SpA

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.

Parties
Claimant: CURT G. JOA, INC; Defendant: FAMECCANICA DATA SpA
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Patent Revocation / Final Judgment
Outcome
Applications to amend 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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

CURT G. JOA, INC

Claimant

FAMECCANICA DATA SpA

Defendant

Procedural Posture

Patent Revocation / Final Judgment

Legal Issues

  1. 1 Whether proposed amendments result in disclosure of additional matter
  2. 2 Whether amended claims lack clarity
  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 dismissed; patent revoked.

Orders

  • The applications to amend the Patent are dismissed.
  • The Patent stands to be revoked.