Total Containbment Engineering Ltd v TWMA Group Ltd [2013] ScotCS CSOH_135 (13 August 2013)

Total Containbment Engineering Ltd v TWMA Group Ltd [2013] ScotCS CSOH_135 (13 August 2013)

The pursuer has averred sufficient detail to justify a proof before answer on the construction and alleged infringement of the patent claims. The issues of claim construction and infringement are not so clear as to be resolved without evidence from persons skilled in the art. The motion to dismiss is refused.

Citation
[2013] ScotCS CSOH_135
Parties
Pursuer: Total Containment Engineering Ltd; Defender: Total Waste Management Alliance Ltd
Jurisdiction
Scotland
Judgment Date
13 August 2013
Procedural Posture
Patent Infringement Action / Debate on Relevancy (motion to Dismiss)
Outcome
Motion to dismiss refused; proof before answer allowed.
Legal Topics
Patent Infringement, Claim Construction, Procedural Fairness
Intellectual Property Patent Law Patent Infringement Claim Construction Procedural Fairness

Case Brief

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Parties

Total Containment Engineering Ltd

Pursuer

Total Waste Management Alliance Ltd

Defender

Procedural Posture

Patent Infringement Action / Debate on Relevancy (motion to Dismiss)

Legal Issues

  1. 1 Whether the pursuer's pleadings are sufficient to justify a proof before answer in a patent infringement action
  2. 2 Proper construction of claims 1 and 15 of UK (EP) Patent No. 1 144 869 B1
  3. 3 Whether the defender's equipment and processes infringe the patent claims as pled

Ratio Decidendi

The pursuer has averred sufficient detail to justify a proof before answer on the construction and alleged infringement of the patent claims. The issues of claim construction and infringement are not so clear as to be resolved without evidence from persons skilled in the art. The motion to dismiss is refused.

Court Disposition

Motion to dismiss refused; proof before answer allowed.

Orders

  • Case put out by order for discussion of timetable in lead up to proof.