JCP-Consult

Highlights: Patent infregement

PATENT INFREGEMENT

 

Acting as technical expert for London UK Patent Court, contracted by EIP London from 2016 to 2018, in the Teleste patent action against Technetix:

  • Study of state of the art in the domain of the patent, with the particular angle of the “skilled person” as defined by English law
  • Q&A with EIP technical and legal teams and Teleste barristers
  • Analysis of different patent related to the technical domain
  • Analysis of Technetix patent vs. state of the art
  • Production of detailed expert reports
  • Audience at the UK Patent court as expert, defense of the reports and its conclusions

The case was widely reported, as it was the first time that the English courts had considered the existence of a “Formsteindefence”. The court held that the asserted patent was invalid and also held that whilst the alleged infringement would have fallen within the scope of the claims under the doctrine of equivalents, Teleste would have been entitled to a Formsteindefence, if such a defence exists in English law.

 

Read the article on EIP website