The Janger Ltd v Tesco Plc [2020] EWHC 3450 (IPEC) (16 December 2020 )

The Janger Ltd v Tesco Plc [2020] EWHC 3450 (IPEC) (16 December 2020 )

Claim 1 of the Patent is anticipated by the Jones prior art; claims 4 and 5 are obvious over Jones; the Globalhanger disclosure was made under conditions of confidence and does not constitute prior art.

Citation
[2020] EWHC 3450 (IPEC)
Parties
Claimant: the janger limited; Defendant: tesco plc
Jurisdiction
England and Wales
Procedural Posture
Patent Infringement and Validity Proceedings / First Instance Judgment
Outcome
Claims 1, 4, and 5 of GB 2 552 562 B are invalid for anticipation and/or obviousness over Jones. The Globalhanger disclosure does not invalidate the claims as it was made in confidence.
Legal Topics
Patent Validity, Patent Infringement, Anticipation, Obviousness, Confidential Information
Intellectual Property Law Patent Validity Patent Infringement Anticipation Obviousness Confidential Information

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Parties

the janger limited

Claimant

tesco plc

Defendant

Procedural Posture

Patent Infringement and Validity Proceedings / First Instance Judgment

Legal Issues

  1. 1 Whether claims 1, 4, and 5 of GB 2 552 562 B are anticipated or obvious over prior art (Jones)
  2. 2 Whether the Globalhanger disclosure was made in confidence and is prior art

Ratio Decidendi

Claim 1 of the Patent is anticipated by the Jones prior art; claims 4 and 5 are obvious over Jones; the Globalhanger disclosure was made under conditions of confidence and does not constitute prior art.

Court Disposition

Claims 1, 4, and 5 of GB 2 552 562 B are invalid for anticipation and/or obviousness over Jones. The Globalhanger disclosure does not invalidate the claims as it was made in confidence.