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South Africa Case Law

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Intellectual Property [2015] ZAGPPHC 696

EMS Industries (Pty) Ltd v Inteletrack CC (PATENT 2010/01326)

EMS Industries (Pty) Ltd v Inteletrack CC (PATENT 2010/01326) [2015] ZAGPPHC 696 (7 September 2015)

Patent infringement dispute over a brake hose coupling turned on construction of “gasket” and inventiveness. The court found no infringement but upheld the patent as non-obvious.

  • Patent Infringement
  • Inventive Step
  • Claim Construction
  • Doctrine Of Equivalents
  • Prior Art
  • Expert Evidence
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Intellectual Property [1986] ZASCA 78

Stauffer Chemical Company and Another v Safsan Marketing and Distribution (85/86)

Stauffer Chemical Company and Another v Safsan Marketing and Distribution (85/86) [1986] ZASCA 78 (18 August 1986)

The court dismissed an appeal in a patent dispute, holding that GENEP PLUS did not infringe claim 1 because the relevant R2 radical was not an essential equivalent.

  • Patent Infringement
  • Chemical Equivalence
  • Essential Integers
  • Interpretation Of Claims
  • Doctrine Of Equivalents
  • Patent-infringement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.