Smith & Nephew Plc v Convatec Technologies Inc

Smith & Nephew Plc v Convatec Technologies Inc

It was not obvious to the skilled person to apply Kreidl's method to modern gel-forming wound dressings such as Aquacel, as the rationale for Kreidl's results (surface adsorption or physical shielding) did not provide a clear expectation of success, and the skilled team would not have proceeded without such rationale.

Parties
Appellant: Smith & Nephew plc; Respondent: Convatec Technologies Inc
Jurisdiction
England and Wales
Judgment Date
14 December 2012
Procedural Posture
Civil Appeal (patent) / Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Obviousness, Inventive Step, Sufficiency of Disclosure, Amendment of Patent Claims
Intellectual Property Patents Obviousness Inventive Step Sufficiency of Disclosure Amendment of Patent Claims

Case Brief

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Parties

Smith & Nephew plc

Appellant

Convatec Technologies Inc

Respondent

Procedural Posture

Civil Appeal (patent) / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the patent as amended was obvious in light of prior art (Kreidl)
  2. 2 Whether the skilled person would have found it obvious to apply Kreidl's teaching to modern gel-forming wound dressings such as Aquacel

Ratio Decidendi

It was not obvious to the skilled person to apply Kreidl's method to modern gel-forming wound dressings such as Aquacel, as the rationale for Kreidl's results (surface adsorption or physical shielding) did not provide a clear expectation of success, and the skilled team would not have proceeded without such rationale.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.