Environmental Defence Systems Ltd v Synergy Health Plc & Ors

Environmental Defence Systems Ltd v Synergy Health Plc & Ors

There is no inventive step in using the known method of making absorbent pads as part of a process for manufacturing barrage units, as the skilled person would find it obvious to use absorbent pads as fillers for barrage units given the common general knowledge of sandless sandbags and absorbent polymers.

Parties
Claimant: Environmental Defence Systems Limited; Defendant: Synergy Health plc; Defendant: Synergy Health (UK) Limited; Defendant: Gravitas (International) Limited; Defendant: Jacob Sallon; Defendant: David Sallon
Jurisdiction
England and Wales
Judgment Date
01 May 2014
Procedural Posture
Patent Infringement / Trial of Preliminary Issue
Outcome
Patent claims 1, 6, and 9 lack inventive step and are invalid.
Legal Topics
Inventive Step, Patent Validity, Common General Knowledge, Person Skilled in the Art
Intellectual Property Patent Law Inventive Step Patent Validity Common General Knowledge Person Skilled in the Art

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Parties

Environmental Defence Systems Limited

Claimant

Synergy Health plc

Defendant

Synergy Health (UK) Limited

Defendant

Gravitas (International) Limited

Defendant

Jacob Sallon

Defendant

David Sallon

Defendant

Procedural Posture

Patent Infringement / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether there is an inventive step in using the method of manufacture of absorbent pads described in claims 1, 6 or 9 of European Patent (UK) 2 393 989 in the manufacture of a barrage unit

Ratio Decidendi

There is no inventive step in using the known method of making absorbent pads as part of a process for manufacturing barrage units, as the skilled person would find it obvious to use absorbent pads as fillers for barrage units given the common general knowledge of sandless sandbags and absorbent polymers.

Court Disposition

Patent claims 1, 6, and 9 lack inventive step and are invalid.

Orders

  • Judgment for the defendants on the preliminary issue of inventive step.