Tamglass Ltd. Oy v Luoyang North Glass Technology Company Ltd. & Anor
The patent is valid as none of the cited prior art anticipates or renders obvious the claimed inventions. The defendants infringed by importing, offering, using, and keeping the infringing machine and processes, with knowledge or it being obvious to a reasonable person that such acts would infringe. The claimant has proper title to sue by written assignment and operation of Finnish law.
- Parties
- Claimant: Tamglass Limited Oy; First Defendant: Luoyang North Glass Technology Company Limited; Second Defendant: Novaglaze Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 27 January 2006
- Procedural Posture
- Patent Infringement and Revocation / Judgment After Trial
- Outcome
- Patent found valid; infringement established against both defendants; relief to be determined at later hearing.
- Legal Topics
- Patent Infringement, Patent Validity, Anticipation, Obviousness, Assignment of Patents
Case Brief
Summary, issues, holding and outcome
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Parties
Tamglass Limited Oy
Claimant
Luoyang North Glass Technology Company Limited
First Defendant
Novaglaze Limited
Second Defendant
Procedural Posture
Patent Infringement and Revocation / Judgment After Trial
Legal Issues
- 1 Whether European patent (UK) No 0261611 is infringed by the defendants
- 2 Whether the patent is invalid for want of novelty or obviousness
- 3 Whether the claimant has proper title to sue
Ratio Decidendi
The patent is valid as none of the cited prior art anticipates or renders obvious the claimed inventions. The defendants infringed by importing, offering, using, and keeping the infringing machine and processes, with knowledge or it being obvious to a reasonable person that such acts would infringe. The claimant has proper title to sue by written assignment and operation of Finnish law.
Court Disposition
Patent found valid; infringement established against both defendants; relief to be determined at later hearing.
Orders
- Wasted costs incurred by Tamglass in relation to late evidence and procedural delays to be paid by LNG, to be assessed.
- Precise relief (damages, injunctions, etc.) to be determined at subsequent hearing.
Full Case Text
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