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South Africa Case Law

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Intellectual Property [2017] ZASCA 48

Orica Mining Services SA (Pty) Ltd v Elbroc Mining Products (Pty) Ltd (233/2016)

Orica Mining Services SA (Pty) Ltd v Elbroc Mining Products (Pty) Ltd (233/2016) [2017] ZASCA 48; [2017] 2 All SA 796 (SCA); 2017 BIP 1 (SCA) (31 March 2017)

Court
Supreme Court of Appeal
Case number
233/2016
Judges
Maya, Swain, Dambuza, Nicholls, Mbatha

The Supreme Court of Appeal held that ‘between’ in the patent claims was not limited to a linearly positioned carriage and found Elbroc’s rig infringed.

  • Patent Infringement
  • Claim Construction
  • Purposive Interpretation
  • Patents Act 1978
  • Scope Of Monopoly
  • Patent-infringement
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Intellectual Property [2015] ZAGPPHC 836

Orica Mining Services South Africa (Pty) Ltd v Elbroc Mining Products (Pty) Ltd (10382/2001)

Orica Mining Services South Africa (Pty) Ltd v Elbroc Mining Products (Pty) Ltd (10382/2001) [2015] ZAGPPHC 836; 2015 BIP 116 (CP) (11 December 2015)

Court
North Gauteng High Court, Pretoria
Case number
10382/2001
Judge
P.M. Mabuse

The High Court dismissed a patent infringement claim, holding that a carriage offset from the line between two telescopic props was not “between” them.

  • Patent Infringement
  • Claim Construction
  • Interpretation Of Terms
  • Expert Evidence
  • Scope Of Monopoly
  • Patent-infringement
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.