Thorn Security Ltd v Siemens Schweiz AG

Thorn Security Ltd v Siemens Schweiz AG

Thorn's product did not infringe claim 1 of Siemens' patent because Siemens failed to prove that the disputed claim integers—facilitation of through-plating and soldering by wax, and fusion of the film onto the board by heat alone—were present in Thorn's product in a practical sense. On the Assignment Issue, the...

Source-derived case information.

Parties
Appellant: Thorn Security Limited; Respondent: Siemens Schweiz AG
Jurisdiction
England and Wales
Judgment Date
22 October 2008
Procedural Posture
Civil Appeal (patent Infringement) / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed; respondent's notice dismissed.
Legal Topics
Patent Infringement, Assignment of Patents, Interpretation of Patent Claims
Intellectual Property Law Patent Infringement Assignment of Patents Interpretation of Patent Claims

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Parties

Thorn Security Limited

Appellant

Siemens Schweiz AG

Respondent

Procedural Posture

Civil Appeal (patent Infringement) / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Thorn's product infringed claim 1 of Siemens' patent (Infringement Issue)
  2. 2 Whether Siemens Schweiz AG could recover damages for infringement prior to registration as proprietor (Assignment Issue)

Ratio Decidendi

Thorn's product did not infringe claim 1 of Siemens' patent because Siemens failed to prove that the disputed claim integers—facilitation of through-plating and soldering by wax, and fusion of the film onto the board by heat alone—were present in Thorn's product in a practical sense. On the Assignment Issue, the Court held that the term 'assignment' in section 33(3) of the Patents Act 1977 should be interpreted broadly to include assignments by operation of law, such as those effected by Swiss mergers, entitling Siemens to damages for pre-registration infringement if infringement had been found.

Court Disposition

Appeal allowed; respondent's notice dismissed.

Orders

  • Declaration that Thorn's product does not infringe claim 1 of Siemens' patent.
  • Judge's decision on the Assignment Issue set aside; Tamglass decision overruled.