Vector Corp v Glatt Air Techniques Ltd v [2006] EWHC 1638 (Pat) (07 July 2006)

Vector Corp v Glatt Air Techniques Ltd v [2006] EWHC 1638 (Pat) (07 July 2006)

The proposed amendments to the patent do not add matter or extend the scope of protection. There was no undue delay or unfair advantage in seeking amendment. The amendments are allowed. As amended, the patent is not anticipated by the cited prior art and is not obvious in light of the common general knowledge and prior art. The patent as amended is valid.

Citation
[2006] EWHC 1638 (Pat)
Parties
Claimant: Vector Corporation; Defendant: Glatt Air Techniques Limited
Jurisdiction
England and Wales
Judgment Date
07 July 2006
Procedural Posture
Patent Validity and Amendment Proceedings / First Instance Judgment
Outcome
Amendments allowed; patent as amended held valid
Legal Topics
Patent Amendment, Patent Validity, Obviousness, Novelty, Added Matter, Discretion to Amend, Prior Art
Intellectual Property Law Patent Law Patent Amendment Patent Validity Obviousness Novelty Added Matter Discretion to Amend +1 more

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Parties

Vector Corporation

Claimant

Glatt Air Techniques Limited

Defendant

Procedural Posture

Patent Validity and Amendment Proceedings / First Instance Judgment

Legal Issues

  1. 1 Whether the patent as granted is invalid for lack of novelty or obviousness
  2. 2 Whether the proposed amendments to the patent should be allowed
  3. 3 Whether the amendments add matter or extend the scope of protection

Ratio Decidendi

The proposed amendments to the patent do not add matter or extend the scope of protection. There was no undue delay or unfair advantage in seeking amendment. The amendments are allowed. As amended, the patent is not anticipated by the cited prior art and is not obvious in light of the common general knowledge and prior art. The patent as amended is valid.

Court Disposition

Amendments allowed; patent as amended held valid

Orders

  • The patent is to be amended as proposed by the patentee.
  • The patent as amended is not revoked and remains in force.