W L Gore & Associates GmbH v Geox SPA

W L Gore & Associates GmbH v Geox SPA

EP (UK) 0 858 270 is valid and not obvious over Kozaki, Polegato, or common general knowledge. Gore's cemented shoe design falls within the scope of 270, as the membrane, protective layer, and filler layer requirements are met, and an adequate perimetric seal can be formed. EP (UK) 1 185 183 is valid and not obvious over Kozaki or Regal. Gore's injected shoe design does not infringe 183, as it lacks a unitary assembly including the protective element prior to attachment to the sole.

Parties
Claimant: W L Gore & Associates GmbH; Defendant: Geox SpA
Jurisdiction
England and Wales
Judgment Date
07 October 2008
Procedural Posture
Patent Litigation / Judgment After Trial
Outcome
Partial declaration granted
Legal Topics
Patent Validity, Patent Infringement, Obviousness, Declaratory Relief
Intellectual Property Patent Law Patent Validity Patent Infringement Obviousness Declaratory Relief

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Parties

W L Gore & Associates GmbH

Claimant

Geox SpA

Defendant

Procedural Posture

Patent Litigation / Judgment After Trial

Legal Issues

  1. 1 Validity of EP (UK) 0 858 270
  2. 2 Validity of EP (UK) 1 185 183
  3. 3 Infringement of 270 by cemented shoe design

Ratio Decidendi

EP (UK) 0 858 270 is valid and not obvious over Kozaki, Polegato, or common general knowledge. Gore's cemented shoe design falls within the scope of 270, as the membrane, protective layer, and filler layer requirements are met, and an adequate perimetric seal can be formed. EP (UK) 1 185 183 is valid and not obvious over Kozaki or Regal. Gore's injected shoe design does not infringe 183, as it lacks a unitary assembly including the protective element prior to attachment to the sole.

Court Disposition

Partial declaration granted

Orders

  • Declaration of non-infringement granted for Gore's injected shoe design under EP (UK) 1 185 183
  • Declaration of non-infringement refused for Gore's cemented shoe design under EP (UK) 0 858 270