Patents - Quinn v Linpac
Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Quinn Packaging Ltd v Linpac Packaging Ltd and another [2019] EWHC 2119 (IPEC) (31 July 2019) This was a claim by Quinn Packaging Ltd. for the revocation of British patent GB1100292.0 which is held by Linpac Packaging Ltd. on the ground of obviousness. Quinn also claimed the revocation on the same grounds of a patent that had been granted to Faerch A/S the title and number of which are not mentioned in the transcript. The item of prior art relied on by Quinn in both cases was Australian Patent No. 638092 Method for manufacturing containers provided with a peelable closure, The issue in dispute was whether a skilled person who read the Australian patent before the priority dates of the Linpac and Faerch patents knowing of the need for a better sealing solution for plastic food trays would have recognized that the Australian patent provided the answer, namely t...