Fabio Perini Spa v LPC Group Plc & Ors

Fabio Perini Spa v LPC Group Plc & Ors

The 929 Patent is valid and infringed by the Original and Proposed Rotoseal machines; the 168 Patent is invalid for obviousness over the Casper memorandum; PCMC Italia is jointly liable for infringement with LPC UK, but PCMC UK is not; costs of the waiver argument are to be paid on the standard basis.

Parties
Respondent: Fabio Perini SpA; Appellant: LPC Group PLC; Appellant: Paper Converting Machine Company Italia; Appellant: Paper Converting Machine Company Limited; Appellant: LPC (UK) Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2010
Procedural Posture
Civil Appeal (patents) / Appeal and Cross Appeal Judgment
Outcome
Appeal and cross-appeal dismissed; trial judgment substantially upheld.
Legal Topics
Patent Infringement, Patent Validity, Obviousness, Joint Tortfeasorship, Costs
Intellectual Property Patents Patent Infringement Patent Validity Obviousness Joint Tortfeasorship Costs

Case Brief

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Parties

Fabio Perini SpA

Respondent

LPC Group PLC

Appellant

Paper Converting Machine Company Italia

Appellant

Paper Converting Machine Company Limited

Appellant

LPC (UK) Limited

Appellant

Procedural Posture

Civil Appeal (patents) / Appeal and Cross Appeal Judgment

Legal Issues

  1. 1 Interpretation of claim 16 of the 929 Patent
  2. 2 Infringement of the 929 Patent by Rotoseal machines
  3. 3 Validity of the 929 Patent (insufficiency, obviousness, anticipation)

Ratio Decidendi

The 929 Patent is valid and infringed by the Original and Proposed Rotoseal machines; the 168 Patent is invalid for obviousness over the Casper memorandum; PCMC Italia is jointly liable for infringement with LPC UK, but PCMC UK is not; costs of the waiver argument are to be paid on the standard basis.

Court Disposition

Appeal and cross-appeal dismissed; trial judgment substantially upheld.

Orders

  • 929 Patent declared valid and infringed by LPC UK and PCMC Italia (joint liability)
  • 168 Patent declared invalid for obviousness over Casper memorandum