McGhan Medical UK Ltd v. Nagor Ltd and Biosil Ltd [2001] EWHC Patents 452 (28th February, 2001)

McGhan Medical UK Ltd v. Nagor Ltd and Biosil Ltd [2001] EWHC Patents 452 (28th February, 2001)

McGhan failed to prove that Nagor's NAGOTEX product has a silicone foam covering within the meaning of claim 1 of the patent. The evidence, particularly the SEM photographs and expert testimony, did not establish the presence of a continuous open cell foam structure as required by the claim. The salt crystals in...

Source-derived case information.

Citation
[2001] EWHC Patents 452
Parties
Claimant: McGhan Medical UK Limited; Defendant: Nagor (First and Second Defendants)
Jurisdiction
England and Wales
Procedural Posture
Patent Infringement and Revocation / Judgment After Trial
Outcome
Claim for infringement dismissed; counterclaim for revocation not determined in this extract.
Legal Topics
Patent Infringement, Patent Validity, Construction of Patent Claims, Medical Devices, Silicone Foam Technology
Intellectual Property Patent Law Patent Infringement Patent Validity Construction of Patent Claims Medical Devices Silicone Foam Technology

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Summary, issues, holding and outcome

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Parties

McGhan Medical UK Limited

Claimant

Nagor (First and Second Defendants)

Defendant

Procedural Posture

Patent Infringement and Revocation / Judgment After Trial

Legal Issues

  1. 1 Whether Nagor's NAGOTEX breast implant infringes claim 1 of McGhan's patent
  2. 2 Whether the patent is invalid for lack of novelty, obviousness, or added matter

Ratio Decidendi

McGhan failed to prove that Nagor's NAGOTEX product has a silicone foam covering within the meaning of claim 1 of the patent. The evidence, particularly the SEM photographs and expert testimony, did not establish the presence of a continuous open cell foam structure as required by the claim. The salt crystals in Nagor's process were not embedded in a fluid silicone layer, and the resulting product did not meet the claim's requirements. Therefore, there was no infringement.

Court Disposition

Claim for infringement dismissed; counterclaim for revocation not determined in this extract.

Orders

  • Claim for infringement is dismissed.