Clearswift Ltd v Glasswall (IP) Ltd
The Patent is not obvious over Cohen or Avecho because the prior art does not disclose or render obvious the parsing and regeneration of each part of an email/file and the specific threat filter operating only after parsing/regeneration. The combination of these features, as properly construed, involves an inventive step.
- Parties
- Claimant: Clearswift Limited; Defendant: Glasswall (IP) Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 28 September 2018
- Procedural Posture
- Patent Revocation / Judgment After Trial
- Outcome
- Application for revocation dismissed
- Legal Topics
- Patent Validity, Inventive Step, Obviousness, Prior Art, Patent Construction
Case Brief
Summary, issues, holding and outcome
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Parties
Clearswift Limited
Claimant
Glasswall (IP) Limited
Defendant
Procedural Posture
Patent Revocation / Judgment After Trial
Legal Issues
- 1 Whether European Patent EP 1 891 571 B1 is invalid for lack of inventive step over prior art (Cohen and Avecho)
- 2 Proper construction of claim 1 of the Patent
- 3 Whether the Patent is obvious over Cohen or Avecho
Ratio Decidendi
The Patent is not obvious over Cohen or Avecho because the prior art does not disclose or render obvious the parsing and regeneration of each part of an email/file and the specific threat filter operating only after parsing/regeneration. The combination of these features, as properly construed, involves an inventive step.
Court Disposition
Application for revocation dismissed
Orders
- Clearswift’s application for revocation of the Patent is dismissed.
Full Case Text
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