
has merely picked
this Court of Appeal patent determination upward off today's BAILII additions: it's
Burnden Group plc v Ultraframe (UK) Ltd together with another; Burnden Group plc v Northstar Systems Ltd [2005] EWCA Civ 867 (Lords Justices Kennedy, Chadwick together with Jacob). Burnden owned a patent for components used inward the structure of conservatory roofs. In 2 sets of patent infringement proceedings (one against Ultraframe, the other against Northstar) the defendants counterclaimed for revocation of the patent for desire of novelty.

In the Patents County Court Judge Michael Fysh QC ordered the patent revoked; his determination has merely been upheld yesteryear the Court of Appeal. It seems that the contested claims inward Burnden's patent were neither new nor inventive inward the calorie-free of the prior art. Given yesteryear Lord Justice Jacob, this is a real "techie" judgment which turns greatly on their Lordships' appreciation of the facts rather than on its analysis of the law.
is, equally usual, open-mouthed at the might of the judiciary to exceed their minds circular the technical details of patents. Is it their first-class pedagogy together with full general knowledge, he wonders, or is it the high score of explanation given to the judges yesteryear counsel on both sides?
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