Adolf Nissen Elektrobau GmbH & Co KG v Horizont Group GmbH [2019] EWHC 3522 (IPEC) (18 December 2019)

Adolf Nissen Elektrobau GmbH & Co KG v Horizont Group GmbH [2019] EWHC 3522 (IPEC) (18 December 2019)

The patent lacks inventive step because the claimed features would have been obvious to a skilled person in light of the prior art (DE007 and the Nissen Board), and the modifications required were within the common general knowledge at the relevant date. Regulatory or safety concerns do not affect the technical obviousness analysis.

Citation
[2019] EWHC 3522 (IPEC)
Parties
Claimant: Adolf Nissen Elektrobau GmbH & Co KG; Defendant: Horizont Group GmbH
Jurisdiction
England and Wales
Judgment Date
18 December 2019
Procedural Posture
Patent Revocation / Judgment After Trial
Outcome
Patent revoked as invalid for lack of inventive step.
Legal Topics
Inventive Step, Patent Validity, Obviousness, Prior Art
Intellectual Property Patents Inventive Step Patent Validity Obviousness Prior Art

Case Brief

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Parties

Adolf Nissen Elektrobau GmbH & Co KG

Claimant

Horizont Group GmbH

Defendant

Procedural Posture

Patent Revocation / Judgment After Trial

Legal Issues

  1. 1 Whether UK Patent No. 2,410,366 lacks inventive step over prior art and is therefore invalid.

Ratio Decidendi

The patent lacks inventive step because the claimed features would have been obvious to a skilled person in light of the prior art (DE007 and the Nissen Board), and the modifications required were within the common general knowledge at the relevant date. Regulatory or safety concerns do not affect the technical obviousness analysis.

Court Disposition

Patent revoked as invalid for lack of inventive step.

Orders

  • UK Patent No. 2,410,366 is revoked.