Agilent Technologies Deutschland GmbH v Waters Ltd [2005] EWCA Civ 987 (29 July 2005)

Agilent Technologies Deutschland GmbH v Waters Ltd [2005] EWCA Civ 987 (29 July 2005)

The manual device does not infringe because the claim requires that the control means, not the operator, adjusts stroke length in response to desired flow rate; the manual device lacks this automatic response and is outside the scope of the patent.

Citation
[2005] EWCA Civ 987
Parties
Appellant/claimant: Agilent Technologies Deutschland GmbH; Respondent/defendant: Waters Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2005
Procedural Posture
Patent Infringement Appeal / Appeal From High Court (chancery Division)
Outcome
appeal dismissed
Legal Topics
Patent Claim Construction, Infringement, Automatic Vs Manual Operation
Intellectual Property Patents Patent Claim Construction Infringement Automatic Vs Manual Operation

Case Brief

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Parties

Agilent Technologies Deutschland GmbH

Appellant/claimant

Waters Limited

Respondent/defendant

Procedural Posture

Patent Infringement Appeal / Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Does claim 1 of EP (UK) 0 309 596 cover the manual device produced by Waters Limited?
  2. 2 Is the manual device within the scope of the patent as properly construed?

Ratio Decidendi

The manual device does not infringe because the claim requires that the control means, not the operator, adjusts stroke length in response to desired flow rate; the manual device lacks this automatic response and is outside the scope of the patent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no further orders necessary.