Small Patent Infringement Case, Non Likewise Dull ...

Smith International Inc v Specialised Petroleum Services Group Ltd [2005] EWHC 686 (Ch), decided today past times Mr Justice Lewison in addition to posted on BAILII, touched on the validity of an amended patent.

SPS owned a patent for apparatus for catching debris inward a good bore designed for utilisation inward the stone oil in addition to gas drilling industry. The apparatus incorporated a filter through which the good fluid was circulated, to withdraw debris. Smith applied to revoke the patent on the terra firma that the innovation claimed was non new and/or did non necessitate an inventive step. Even later SPS amended its claims, the Patent Office concluded that claim 1 of the patent had been anticipated past times prior fine art only that almost of the balance of the patent was fine. SPS appealed against the ruling on claim 1; Smith cross-appealed against the other rulings.

Lewison J allowed SPS' appeal only dismissed Smith's cross-appeals, belongings that the hearing officeholder had erred inward terminal that claim 1 was anticipated past times prior art. He had concluded that the prior fine art include a filter in addition to that the innovation gear upwardly out inward claim 1 of the patent had so been anticipated. This was non even in addition to so the case.

says: "this is 1 of those cases that seems to plough pretty good alone on the facts, amongst no existent police clit inward it". Merpel adds, "at to the lowest degree nosotros know that Lewison J is soundless doing patent cases. He doesn't appear to convey had 1 for ages".

Well bores here and here
Small bores here and here
Big bores here; big boars here