EPLAW PATENT BLOG

UK – Pozzoli SPA v BDMO / Obviousness

Posted: June 22nd, 2007

Pozzoli SPA v BDMO c.s., Court of Appeal, London, UK, 22 June 2007, Case No. [2007] EWCA Civ 588, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons

The English Court of Appeal has used a recent judgment to restate the approach of the English court towards the assessment of obviousness (the "Windsurfing" approach), and to comment on technical prejudice arguments. An important practice point arises from the comments on technical prejudice. In Pozzoli SPA v BDMO SA and Moulage Industriel de Perseigne SA, the claimant's patent related to a form of packaging for compact discs. The Court of Appeal upheld the first instance judgment that the patent was invalid for obviousness and that the accused product fell outside the scope of the claims.

Read the extended summary (provided by Rowan Freeland) here.

Read the first instance decision (in English) here.
Read the appeal decision (in English) here.

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