Molnlycke Health Care AB v Wake Forest University & Anor
The patent is invalid for obviousness over Bagautdinov and Zamierowski, and for impermissible extension of scope by amendment; the amendments were not clearly and unambiguously disclosed in the original application and extended protection contrary to statutory requirements.
- Parties
- Claimant: Mölnlycke Health Care AB; Defendant: Wake Forest University; Defendant: Wake Forest University Health Sciences
- Jurisdiction
- England and Wales
- Judgment Date
- 28 August 2009
- Procedural Posture
- Patent Revocation / Final Judgment
- Outcome
- patent revoked
- Legal Topics
- Patent Revocation, Novelty, Obviousness, Insufficiency, Extension of Scope, Amendment, Anticipation
Case Brief
Summary, issues, holding and outcome
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Parties
Mölnlycke Health Care AB
Claimant
Wake Forest University
Defendant
Wake Forest University Health Sciences
Defendant
Procedural Posture
Patent Revocation / Final Judgment
Legal Issues
- 1 Whether European Patent (UK) No. 0 620 720 B2 is invalid for lack of novelty or obviousness over prior art
- 2 Whether the patent is insufficient for lack of description
- 3 Whether the protection conferred by the patent has been impermissibly extended by amendment
Ratio Decidendi
The patent is invalid for obviousness over Bagautdinov and Zamierowski, and for impermissible extension of scope by amendment; the amendments were not clearly and unambiguously disclosed in the original application and extended protection contrary to statutory requirements.
Court Disposition
patent revoked
Orders
- European Patent (UK) No. 0 620 720 B2 is revoked.
- Application to amend the patent is refused.
Full Case Text
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