High Court: Patents Court judgments, 2005

Patent claims must be construed purposively and in the context of the specification, drawings, intended use and skilled addressee. Context determines the scope…

An injunction made without notice is an exceptional remedy. Notice should be given unless the case is genuinely urgent, notice would frustrate the order’s…

An alleged invention is not capable of industrial application where it depends on operation contrary to well-established physical laws, including the…

A court may make a declaration of patent invalidity where the evidence sufficiently establishes the pleaded grounds, even though the patent is due to lapse.…

For computer-implemented inventions, the court must identify the contribution made by the claimed programmed computer over and above the use of a computer…

A reference under section 37 of the Patents Act 1977 may be used by a co-proprietor to seek permission to grant a licence to a third party where co-proprietors…

Patent claims must be construed from the standpoint of the skilled person, giving proper weight to the language used while avoiding over-meticulous analysis of…

For a patent claim defined by a numerical measurement, the court must identify the technical significance of the measurement before deciding how precisely it…

Patentability must be assessed under the European Patent Convention’s purposive scheme. The exclusions in Article 52 are not a single logical class and may…

On a summary judgment application, the court asks whether the claim has a real prospect of success. It does not conduct a mini-trial or finally resolve…

Fact-sensitive legal issues should ordinarily be tried as preliminary issues only on agreed or assumed facts. Where pleaded claims involve disputed matters…

Secondary legislation made under section 2(2) of the European Communities Act 1972 may amend primary legislation where that is an appropriate method of…