Nicoventures Trading Limited v Philip Morris Products SA & Anor

Nicoventures Trading Limited v Philip Morris Products SA & Anor

Permission to appeal is refused because the alleged errors in claim construction did not sufficiently adversely affect the obviousness analysis, and the grounds raised are more jury element than legal error.

Parties
Claimant/first Part 20 Defendant: Nicoventures Trading Limited; Defendant/part 20 Claimant: Philip Morris Products SA; Second Part 20 Defendant: British American Tobacco (Investments) Limited
Jurisdiction
England and Wales
Judgment Date
12 October 2021
Procedural Posture
Patent Dispute / Post Judgment Consequential Hearing; Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Obviousness, Claim Construction, Permission to Appeal, Infringement
Intellectual Property Patents Obviousness Claim Construction Permission to Appeal Infringement

Case Brief

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Parties

Nicoventures Trading Limited

Claimant/first Part 20 Defendant

Philip Morris Products SA

Defendant/part 20 Claimant

British American Tobacco (Investments) Limited

Second Part 20 Defendant

Procedural Posture

Patent Dispute / Post Judgment Consequential Hearing; Application for Permission to Appeal

Legal Issues

  1. 1 whether claims were obvious over prior art including the Deevi patent
  2. 2 whether claim construction was over-inclusive and affected obviousness analysis
  3. 3 whether permission to appeal should be granted

Ratio Decidendi

Permission to appeal is refused because the alleged errors in claim construction did not sufficiently adversely affect the obviousness analysis, and the grounds raised are more jury element than legal error.

Court Disposition

permission to appeal refused

Orders

  • draft order agreed by parties (except permission to appeal) is made
  • application for permission to appeal must be renewed before the Court of Appeal if Philip Morris wishes to appeal further