Monsanto Company v MDB Animal Health (Pty) Ltd (formerly MD Biologics CC) (467/99)
Monsanto Company v MDB Animal Health (Pty) Ltd (formerly MD Biologics CC) (467/99) [2001] ZASCA 4; 2001 (2) SA 887 (SCA) (26 February 2001)
The Supreme Court of Appeal held that the patent specification did not intend to limit the term 'oil' to glyceryl esters of fatty acids or vegetable oils. The specification, read as a whole, focuses on the physical properties and biocompatibility of the carrier, not its chemical composition. The underlined sentence in the specification extends the meaning of 'oil' to include fats that are liquid at body temperature, not to restrict it. The evidence established that Vitamin E possesses all the physical characteristics of an oil and is commonly described as such in scientific literature and by…
Source excerpt
- Patent Infringement
- Patent Claim Construction
- Definition Of Oil
- Biocompatibility
- Pharmaceutical Carriers