Advanced Bionics AG & Anor v Med-El Elektromedizinische Geräte GmbH

Advanced Bionics AG & Anor v Med-El Elektromedizinische Geräte GmbH

The Patent was obvious over Zimmerling. The judge did not err in principle in his approach to obviousness, did not rely on hindsight, and gave adequate reasons supported by expert evidence. The differences between the Patent and Zimmerling were obvious to the skilled person. Secondary evidence did not alter the conclusion.

Parties
Claimant/respondent: Advanced Bionics AG; Claimant/respondent: Advanced Bionics UK Limited; Defendant/appellant: Med-El Elektromedizinische Geräte GmbH
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal (patent) / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Obviousness, Inventive Step, Secondary Evidence, Expert Evidence, MRI Safe Medical Devices
Intellectual Property Patents Obviousness Inventive Step Secondary Evidence Expert Evidence MRI Safe Medical Devices

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Advanced Bionics AG

Claimant/respondent

Advanced Bionics UK Limited

Claimant/respondent

Med-El Elektromedizinische Geräte GmbH

Defendant/appellant

Procedural Posture

Civil Appeal (patent) / Appeal Judgment

Legal Issues

  1. 1 Whether the claimed invention in the Patent was obvious over Zimmerling under UK patent law
  2. 2 Whether the judge erred in principle in the obviousness analysis, including the role of hindsight and secondary evidence

Ratio Decidendi

The Patent was obvious over Zimmerling. The judge did not err in principle in his approach to obviousness, did not rely on hindsight, and gave adequate reasons supported by expert evidence. The differences between the Patent and Zimmerling were obvious to the skilled person. Secondary evidence did not alter the conclusion.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; order of the High Court revoking the Patent affirmed.