Coloplast v Salts

Coloplast A/S v Salts Healthcare Limited [2021] EWHC 3 (Pat) (18 January 2021)

First published in EPLAW, January 2021.

In this judgment Nicholas Caddick QC, sitting as a Deputy High Court Judge, found Coloplast's patent for a "comfort layer" for an ostomy bag invalid for obviousness over the common general knowledge and also over five separate prior art citations. The lengthy judgment also deals with Coloplast's claim that Salts' "Confidence BE" range of ostomy bags infringes the patent as well as Salts' rejected claims for (i) lack of novelty; (ii) AgrEvo obviousness; (iv) insufficiency; and (v) added matter.

Background

Coloplast A/S ("Coloplast") is the proprietor of European Patent (UK) 2 854 723 ("EP 723") entitled "Comfort layer for a collecting bag". Salts launched a range of ostomy bags (the "Confidence BE" range) around November 2017 and, in April 2019, Coloplast initiated proceedings against Salts for infringement of EP 723. Salts