Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2025] EWCA Civ 1633 (18 December 2025)
Court of Appeal held Abbott’s patent revocation appeal failed on construction and obviousness, but allowed the appeal because the High Court’s obviousness analysis was inconsistent with its claim construction.
The Cloud Cycle System does not infringe claim 1 of EP (UK) 1 720 689 under the doctrine of equivalents because it does not achieve substantially the same result in substantially the same way as the inventive concept of the claim. The Cloud Cycle System does not evaluate the stability of speed and pressure measurements before using them for slump calculation, nor does it require stability over a full drum rotation. Instead, it uses continuous smoothing and averaging, and all measurements are used regardless of stability. Therefore, the answer to the first Actavis question is 'no', and there i…
Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2020] EWHC 444 (Pat) (05 March 2020)
Patent infringement and validity trial about a railway trackbed liner. The court held Hydrotex 2.0 infringed and rejected challenges based on novelty, obviousness and insufficiency.
Icescape Ltd v Ice-World International BV & Ors [2018] EWCA Civ 2219 (10 October 2018)
Patent appeal about priority, infringement and unjustified threats in a mobile ice rink cooling system. The Court dismissed the appeal and held the patent invalid for lack of priority.
Stretchline Intellectual Properties Ltd v H&M Hennes & Mauritz Ltd [2017] EWCA Civ 199 (30 March 2017)
The Court of Appeal upheld a construction of a patent claim on tubular fabric, holding that a penetration barrier could be formed by bonding yarns, not a continuous liner.
The Court of Appeal refused permission to appeal in a patent dispute, holding there was no real prospect of showing the judge was wrong on claim interpretation or infringement.
Brundle v Perry & Ors [2015] EWCA Civ 672 (03 February 2015)
The Court of Appeal refused permission to appeal in a patent dispute, holding there was no real prospect of showing the accused brackets infringed the patent claim.