Summary Judgment in Patent Cases: Fontem Holdings 1BV and Another v Ten Motives Ltd and Others
In Fontem Holdings 1BV and Another v Ten Motives Ltd and Others [2015] EWHC 2752 (Pat) Mr Justice Norris set out his reasons for dismissing on 21 July 2015 the defendants' application under CPR Part 24 to dismiss the claims against them for patent infringement or, alternatively, a stay in the proceedings pending the disposal of opposition proceedings in the European Patent Office in respect of the patent under art 99 of the European Parent Convention. The patent in suit was European Patent (UK) No. 2 022 349 B1 for an aerosol electronic cigarette. Claim 1 of the patent was for "An aerosol electronic cigarette comprising a battery assembly, an atomizer assembly, a liquid storage component (9) and a hollow shell (a, b) having one or more through-air-inlets (al); wherein the battery assembly connects electrically with the atomizer assembly, and both are located in the shell (a, b); the atomizer assembly includes a porous component (81) and a heating bo...