Nicocigs Ltd v Fontem Holdings 1 BV [2016] EWHC 2161 (Pat) (02 September 2016)

Nicocigs Ltd v Fontem Holdings 1 BV [2016] EWHC 2161 (Pat) (02 September 2016)

The patent as granted contains added matter because it discloses to the skilled person information about the invention not derivable directly and unambiguously from the application as filed, specifically by broadening the construction of the shell and the nature of the liquid storage component. The amendments amount...

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Citation
[2016] EWHC 2161 (Pat)
Parties
Claimant: Nicocigs Limited; Defendant: Fontem Holdings 1 BV; Third Party: Fontem Ventures BV
Jurisdiction
England and Wales
Judgment Date
02 September 2016
Procedural Posture
Patent Revocation and Non Infringement Claim With Counterclaim for Infringement / First Instance Judgment in the High Court, Patents Court
Outcome
Patent revoked for added matter; claim for revocation succeeds.
Legal Topics
Patent Validity, Added Matter, Novelty, Claim Construction, Intermediate Generalisation, Patent Infringement
Intellectual Property Law Patent Law Patent Validity Added Matter Novelty Claim Construction Intermediate Generalisation Patent Infringement

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Parties

Nicocigs Limited

Claimant

Fontem Holdings 1 BV

Defendant

Fontem Ventures BV

Third Party

Procedural Posture

Patent Revocation and Non Infringement Claim With Counterclaim for Infringement / First Instance Judgment in the High Court, Patents Court

Legal Issues

  1. 1 Whether the patent EP(UK) 2 022 349 contains added matter beyond the application as filed
  2. 2 Whether the patent is novel over prior art EP 2 022 350 A1
  3. 3 Proper construction of the claims of the patent

Ratio Decidendi

The patent as granted contains added matter because it discloses to the skilled person information about the invention not derivable directly and unambiguously from the application as filed, specifically by broadening the construction of the shell and the nature of the liquid storage component. The amendments amount to impermissible intermediate generalisation and claim broadening. The added matter objection succeeds and the patent is invalid on this ground.

Court Disposition

Patent revoked for added matter; claim for revocation succeeds.

Orders

  • Patent EP(UK) 2 022 349 is revoked for added matter.
  • Counterclaim for infringement dismissed.