Tamglass Ltd. Oy v Luoyang North Glass Technology Company Ltd. & Anor

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

  1. 1 Whether European patent (UK) No 0261611 is infringed by the defendants
  2. 2 Whether the patent is invalid for want of novelty or obviousness
  3. 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.