Patents - The Appeal in Geofabrics v Fiberweb Geosynthetics
Jane Lambert Court of Appeal ( Lord Justices Lewison and Arnold and Sir Nicholas Patten) Geofabrics Ltd v Fiberweb Geosynthetics Ltd (Rev 1) [2021] EWCA Civ 854 (11 June 2021) In Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2020] EWHC 444 (Pat) (5 March 2020) which I discussed in Patents - Geofabrics Ltd v Fiberweb Geosynthetics Ltd. on 12 March 2020, Mr David Stone, sitting as a deputy judge of the High Court, held that Geofabrics Ltd.'s European patent (UK) 2 430 238 for a "trackbed liner and related methods " was valid and infringed by the defendant company, Fiberwed Geosynthetics Ltd. Fiberweb applied to the Court of Appeal for permission to appeal against Mr Stone's judgment. Lord Justice Floyd allowed Fiberweb to appeal on the grounds that (1) the deputy judge had erred in his construction of claim 1 of the Patent, and as a result, had wrongly found that Fiberweb's Hydrotex 2.0 product ("Hydrotex") fell within the scope of the c...