Siemens Schweiz AG v Thorn Security Ltd

Siemens Schweiz AG v Thorn Security Ltd

The defendant's product and process infringe claim 1 of the claimant's patent because all claim integers are present, including the improvement of flow properties by wax, facilitation of through-plating and soldering, and fusing of the film by heat. The patent is not invalid for obviousness over the Toshiba prior art because a key claim integer (facilitation of through-plating/soldering) is absent from Toshiba. Non-registration of ownership under Swiss mergers did not bar damages, as the transfers were by operation of law and not 'assignments' under section 33(3)(a) of the Patents Act 1977.

Parties
Claimant: Siemens Schweiz AG; Defendant: Thorn Security Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2007
Procedural Posture
Patent Infringement and Revocation Action / Judgment After Full Trial
Outcome
Judgment for the claimant (Siemens Schweiz AG) on validity and infringement.
Legal Topics
Patent Infringement, Patent Validity, Obviousness, Translation and Construction of Patent Claims, Effect of Non Registration of Patent Ownership
Intellectual Property Patent Law Patent Infringement Patent Validity Obviousness Translation and Construction of Patent Claims Effect of Non Registration of Patent Ownership

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Parties

Siemens Schweiz AG

Claimant

Thorn Security Limited

Defendant

Procedural Posture

Patent Infringement and Revocation Action / Judgment After Full Trial

Legal Issues

  1. 1 Proper construction of patent claims in English and German versions
  2. 2 Meaning of 'through-plating' and 'fused' in the context of the patent
  3. 3 Whether the defendant's product/process infringes the patent

Ratio Decidendi

The defendant's product and process infringe claim 1 of the claimant's patent because all claim integers are present, including the improvement of flow properties by wax, facilitation of through-plating and soldering, and fusing of the film by heat. The patent is not invalid for obviousness over the Toshiba prior art because a key claim integer (facilitation of through-plating/soldering) is absent from Toshiba. Non-registration of ownership under Swiss mergers did not bar damages, as the transfers were by operation of law and not 'assignments' under section 33(3)(a) of the Patents Act 1977.

Court Disposition

Judgment for the claimant (Siemens Schweiz AG) on validity and infringement.

Orders

  • Declaration of infringement of claim 1 of EP 0577094 B1 by the defendant's product and process.
  • Declaration that the patent is valid over the Toshiba prior art.