Unilever Plc v S C Johnson & Son Inc [2012] EWPCC 19 (25 May 2012)

Unilever Plc v S C Johnson & Son Inc [2012] EWPCC 19 (25 May 2012)

Claim 1 of GB 2 403 169 lacks novelty over US 5,884,808. Claim 1 of GB 2 389 547 is novel over US 5,884,808 due to the requirement for a 'motorised spray head'. Claim 2 of 169 and claims 5, 6, 15, 19, 26, and 33 of 547 are obvious over the cited prior art. The patents are invalid for lack of novelty and/or inventive step as claimed.

Citation
[2012] EWPCC 19
Parties
Claimant: Unilever Plc; Defendant: S. C. Johnson & Son Inc.
Jurisdiction
England and Wales
Judgment Date
25 May 2012
Procedural Posture
Patent Revocation Action / First Instance Judgment
Outcome
Patents revoked
Legal Topics
Patent Validity, Novelty, Inventive Step, Claim Construction, Obviousness
Intellectual Property Patents Patent Validity Novelty Inventive Step Claim Construction Obviousness

Case Brief

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Parties

Unilever Plc

Claimant

S. C. Johnson & Son Inc.

Defendant

Procedural Posture

Patent Revocation Action / First Instance Judgment

Legal Issues

  1. 1 Whether GB 2 389 547 and GB 2 403 169 patents lack novelty and/or are obvious over prior art
  2. 2 Proper construction of key claim terms including 'spraying the walls of an enclosure', 'mountable wholly within the enclosure', and 'motorised spray head'
  3. 3 Whether the cited prior art anticipates or renders obvious the asserted claims

Ratio Decidendi

Claim 1 of GB 2 403 169 lacks novelty over US 5,884,808. Claim 1 of GB 2 389 547 is novel over US 5,884,808 due to the requirement for a 'motorised spray head'. Claim 2 of 169 and claims 5, 6, 15, 19, 26, and 33 of 547 are obvious over the cited prior art. The patents are invalid for lack of novelty and/or inventive step as claimed.

Court Disposition

Patents revoked

Orders

  • GB 2 389 547 and GB 2 403 169 are revoked for lack of novelty and/or inventive step.