Recent Decisions In The English Courts

Infringement
Recovery of Damages on Transfer, Section 33

Thorn v Siemens [2008] EWCA Civ 1161

Court of Appeal: Mummery, Arden and Lewison LJJ: 22nd October 2008

In October 2007, Mann J found European patent (UK) No. 0577094 to be both valid and infringed. In this appeal there was no challenge to the decision on validity but the question as to whether the patent had been infringed was appealed. The appeal court also considered whether Siemens were entitled to recover damages in respect of the period of infringement which predated their registration as proprietor of the patent.

Infringement

Mummery LJ, giving the judgment of the court, upheld the judge's construction of Claim 1 of the patent. However, whilst acknowledging that they should proceed with caution in reversing an infringement judgment which would have been based on the judge's evaluation of the facts, the appeal court did not agree with him that the evidence supported a finding of infringement.