Adolf Nissen Elektrobau GmbH & Co KG v Horizont Group GmbH
The patent claims were obvious to a UK-based skilled person in light of DE007 and the Nissen Board, as it would have been technically straightforward and conventional to modify these prior art devices to display a constant red cross and flashing yellow arrows, features familiar to UK road users. Regulatory or safety concerns do not affect the technical obviousness required for inventive step.
- 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 / Final Judgment
- Outcome
- patent revoked
- Legal Topics
- Inventive Step, Obviousness, Prior Art, Patent Validity
Case Brief
Summary, issues, holding and outcome
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Parties
Adolf Nissen Elektrobau GmbH & Co KG
Claimant
Horizont Group GmbH
Defendant
Procedural Posture
Patent Revocation / Final Judgment
Legal Issues
- 1 Whether UK Patent No. 2,410,366 lacks inventive step over prior art and is therefore invalid
Ratio Decidendi
The patent claims were obvious to a UK-based skilled person in light of DE007 and the Nissen Board, as it would have been technically straightforward and conventional to modify these prior art devices to display a constant red cross and flashing yellow arrows, features familiar to UK road users. Regulatory or safety concerns do not affect the technical obviousness required for inventive step.
Court Disposition
patent revoked
Orders
- UK Patent No. 2,410,366 is declared invalid for lack of inventive step.
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