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Strix Limited v Nu-World Industries (Pty) Ltd (95/4779) [2014] ZACCP 1; 2014 BIP 36 (CP) (23 June 2014)
Patent infringement claim over electric kettle overheat controls dismissed; the court held claim 1 lacked novelty and, in any event, the accused kettles did not infringe.
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…
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Ensign Bickford (South Africa) (Pty) Ltd. and Others v AECI Explosives and Chemicals Ltd. (4/95) [1998] ZASCA 73; 1999 (1) SA 70 (SCA); [1998] 4 All SA 453 (A) (21 September 1998)
The court held the patent claims covered a sandwich-type shock tube, but revoked the patent for lack of inventive step. The appeal succeeded.
Johnson and Johnson (Pty) Ltd. v Kimberly-Clark Corporation and Another (86/84/av) [1985] ZASCA 132 (27 November 1985)
The court held that Johnson and Johnson’s Panty Nappy infringed claim 1 of Kimberly-Clark’s diaper patent and dismissed the appeal with costs.
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