Aktiebolag & Anor v Irish Ferries Ltd.

Aktiebolag & Anor v Irish Ferries Ltd.

The regular and frequent entry of the Jonathan Swift into UK territorial waters is 'temporary' within the meaning of section 60(5)(d) of the Patents Act 1977, and the statutory exception applies to the use of the patented invention on the vessel. The invention as claimed is not the whole ship but a feature in the body of the ship, so the exception applies. The trial judge's finding that claim 3 is valid and not obvious is upheld, as there was no error of principle and the conclusion was open on the evidence.

Parties
Claimant/appellant: Stena Rederi Aktiebolag; Claimant/appellant: Stena Line Aktiebolag; Defendant/respondent: Irish Ferries Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2003
Procedural Posture
Civil Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
appeal dismissed; cross-appeal dismissed
Legal Topics
Patent Infringement, Statutory Exceptions to Infringement, Interpretation of International Conventions, Obviousness, Novelty
Intellectual Property Patent Law Patent Infringement Statutory Exceptions to Infringement Interpretation of International Conventions Obviousness Novelty

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 13 Party arguments 2
Sign in to unlock

Parties

Stena Rederi Aktiebolag

Claimant/appellant

Stena Line Aktiebolag

Claimant/appellant

Irish Ferries Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether the use of the patented invention on the Jonathan Swift ferry constitutes infringement under UK patent law
  2. 2 Whether the statutory exception in section 60(5)(d) of the Patents Act 1977 applies to regular ferry operations
  3. 3 Whether the patent claims are valid, specifically claim 3 as appendant to claims 1 and 2, in light of prior art and obviousness

Ratio Decidendi

The regular and frequent entry of the Jonathan Swift into UK territorial waters is 'temporary' within the meaning of section 60(5)(d) of the Patents Act 1977, and the statutory exception applies to the use of the patented invention on the vessel. The invention as claimed is not the whole ship but a feature in the body of the ship, so the exception applies. The trial judge's finding that claim 3 is valid and not obvious is upheld, as there was no error of principle and the conclusion was open on the evidence.

Court Disposition

appeal dismissed; cross-appeal dismissed

Orders

  • Appeal dismissed
  • Cross-appeal dismissed