NIPC Law

In    Jarden Consumer Solutions (Europe) Ltd v SEB SA and Another [2014] EWHC 445 (Pat) (28 Feb 2014) Jarden Consumer Solutions (Europe) Ltd ( "Jarden" )  sued SEB SA ( "SEB" )  for the revocation of its  European patent number 2.085,003  ( "the patent" ) for deep fryer with automatic fat coating. SEB counterclaimed for infringement of the patent by importing and selling  the Breville Halo Health fryer . The action came on for trial before Mr Justice Arnold who found that 3 of the claims of the patent were invalid but 3 others were valid and had been infringed. Jarden appealed against the judge's construction of the patent and his finding of infringement. The appeal was heard by Lord Justices Vos and Burnett and Sir Timothy Lloyd in  Jarden Consumer Solutions (Europe) Ltd v SEB SA and Another [2014] EWCA Civ 1629 (17 Dec 2014), The Patent The invention  for which the patent was granted is was summarized by Lord Justice Vos at par...

"In this case", began Lord Sumption in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46 (3 July 2013).  "Virgin Atlantic Airways Ltd wishes to recover damages exceeding £49,000,000 for the infringement of a European Patent which does not exist in the form said to have been infringed. The Technical Board of Appeal ( "TBA" ) of the European Patent Office ( "EPO" ) has retrospectively amended it so as to remove with effect from the date of grant all the claims said to have been infringed." The reason why Virgin contended that it was nevertheless entitled to those damages is that the Court of Appeal had held that those same claims were valid and had been infringed, that the questions of validity and infringement were now res judicata  and thus not capable of review and that there was authority to that effect from thee Court of Appeal in  Coflexip S.A. and another v Stolt Offshore Ms Ltd. and others [2004] EWCA Civ 213 (27 Feb 20...