Fabio Perini SPA v LPC Group Plc & Ors

Fabio Perini SPA v LPC Group Plc & Ors

Claims 16 and 17 of the 929 patent are valid and infringed by the Original and Proposed Rotoseal machines, but not by the Modified Rotoseal. PCMC Italia is jointly liable with LPC Limited for infringement. The 168 patent is invalid for obviousness in light of the Casper memorandum. Had it been valid, claims 1 and 7 would have been infringed by the Original and Proposed Rotoseal, but not by the Modified Rotoseal.

Parties
Claimant: Fabio Perini SPA; Defendant: LPC Group PLC; Defendant: Paper Converting Machine Company Italia; Defendant: Paper Converting Machine Company Limited; Defendant: LPC (UK) Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Patent Infringement and Revocation / Judgment After Trial
Outcome
Partial judgment for claimant; partial revocation of patent
Legal Topics
Patent Infringement, Patent Validity, Obviousness, Novelty, Insufficiency, Joint Tortfeasance
Intellectual Property Patents Patent Infringement Patent Validity Obviousness Novelty Insufficiency Joint Tortfeasance

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Parties

Fabio Perini SPA

Claimant

LPC Group PLC

Defendant

Paper Converting Machine Company Italia

Defendant

Paper Converting Machine Company Limited

Defendant

LPC (UK) Limited

Defendant

Procedural Posture

Patent Infringement and Revocation / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants infringed claims 16 and 17 of European Patent (UK) 0481929 and claims 1 and 7 of European Patent (UK) 0699168
  2. 2 Whether the asserted claims are invalid for lack of novelty, obviousness, or insufficiency
  3. 3 Whether any or all defendants are liable for infringement, including on a joint tortfeasor basis

Ratio Decidendi

Claims 16 and 17 of the 929 patent are valid and infringed by the Original and Proposed Rotoseal machines, but not by the Modified Rotoseal. PCMC Italia is jointly liable with LPC Limited for infringement. The 168 patent is invalid for obviousness in light of the Casper memorandum. Had it been valid, claims 1 and 7 would have been infringed by the Original and Proposed Rotoseal, but not by the Modified Rotoseal.

Court Disposition

Partial judgment for claimant; partial revocation of patent

Orders

  • Declaration that claims 16 and 17 of EP (UK) 0481929 are valid and infringed by LPC Limited and PCMC Italia (jointly) by use of the Original and Proposed Rotoseal machines
  • Declaration that claims 16 and 17 of EP (UK) 0481929 are not infringed by the Modified Rotoseal