Nicocigs Ltd v Fontem Holdings 1 BV

Nicocigs Ltd v Fontem Holdings 1 BV

The patent contains added matter not disclosed in the original application, is anticipated by EP 2 022 350 A1, lacks inventive step over Brooks and Takeuchi, and is not entitled to priority from the priority document. Proposed amendments are not allowable as they introduce new technical information. Had the patent survived, certain Nicocigs products would have infringed claims 1, 12, and 13 but not claim 8.

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 Infringement / Final Judgment
Outcome
Patent revoked; counterclaim for infringement dismissed
Legal Topics
Patent Validity, Added Matter, Novelty, Inventive Step, Priority, Infringement, Amendment
Intellectual Property Patent Law Patent Validity Added Matter Novelty Inventive Step Priority Infringement +1 more

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Parties

Nicocigs Limited

Claimant

Fontem Holdings 1 BV

Defendant

Fontem Ventures BV

Third Party

Procedural Posture

Patent Revocation and Infringement / Final Judgment

Legal Issues

  1. 1 Whether patent EP(UK) 2 022 349 contains added matter
  2. 2 Whether the patent is anticipated by EP 2 022 350 A1
  3. 3 Whether the patent lacks inventive step

Ratio Decidendi

The patent contains added matter not disclosed in the original application, is anticipated by EP 2 022 350 A1, lacks inventive step over Brooks and Takeuchi, and is not entitled to priority from the priority document. Proposed amendments are not allowable as they introduce new technical information. Had the patent survived, certain Nicocigs products would have infringed claims 1, 12, and 13 but not claim 8.

Court Disposition

Patent revoked; counterclaim for infringement dismissed

Orders

  • Patent EP(UK) 2 022 349 revoked
  • Counterclaim for infringement dismissed