Decision Nº O/001/14 from Intellectual Property Office - (Patent decisions), 3 January 2014
| Judge | Mr A C Howard |
| Court | Intellectual Property Office (United Kingdom) |
| Date | 03 January 2014 |
| Administrative Decision Number | O/001/14 |
| Patent Number | EP1 196 672 B2 |
| Parties | Tek-Dek Limited and Flexiteek International A/S |
BL O/001/14
03 January 2014
BETWEEN
Tek-Dek Ltd
Claimant
and
Flexiteek International A/S
Defendant
PROCEEDINGS
Application under section 71(1) of the Patents Act 1977 in
respect of European patent (UK) number EP 1 196 672 B2
HEARING OFFICER
A C Howard
Mr Simon Church of the patent attorneys Wilson Gunn represented the Claimant
Mr Yann Robin of the patent attorneys Marks & Clerk LLP represented the
Defendant
Hearing date: 5 November 2013
DECISION
Introduction
1 These proceedings concern an application (“the application”) by Tek-Dek Ltd (“Tek-
Dek”) for a declaration of non-infringement in respect of European patent (UK)
number EP 1 196 672 B2 (“the patent”) in the name of Flexiteek International A/S
(“Flexiteek”).
2 The application was initially filed on 20 January 2012, and an amended statement of
case and further evidence filed on 9 February 2012. The papers were served on
Flexiteek, who was invited to file a counterstatement by 30 March 2012.
3 A preliminary decision issued on 10 August 20121, refusing a request by Flexiteek
that the substantive proceedings be stayed, and refusing a separate request by
Flexiteek that the application be struck out or amended. Flexiteek duly filed a
counterstatement opposing the application.
1 BL O/311/12
4 A second preliminary decision issued on 13 March 20132, allowing Tek-Dek to
amend their statement of case in response to arguments put forward by Flexiteek in
their counterstatement. Tek-Dek filed a consolidated amended statement of case on
19 March 2013 and Flexiteek filed an amended counterstatement on 17 April 2013.
5 A hearing on the substantive question took place on 5 November 2013, at which
Tek-Dek was represented by Mr Simon Church of Wilson Gunn, and Flexiteek was
represented by Mr Yann Robin of Marks & Clerk LLP.
The patent
6 The patent was granted on 29 November 2006, and derives from international patent
application number PCT/SE2000/001302 having a filing date of 19 June 2000.
7 The patent was maintained in amended form with effect from 16 November 2011
following a decision of the Opposition Division of the European Patent Office (EPO).
8 The patent relates to a surface covering suitable for covering a boat or yacht deck,
and has ten claims. Claim 1 is the only independent claim, and reads as follows:
“A shape conforming surface covering useful for covering a boat or yacht
deck, said surface covering being made of a flexible plastic or resin material
that can be laid in curved formations, like PVC, having a colour and luster
imitating the grain effect of a wooden material like teak, mahogany, pine,
Oregon pine, redwood, etc, and which, at the upper surface of the covering, is
roughened, for instance sanded or filed, so as to imitate any unique grain
effect of wooden material, in which
- the surface covering is made up by plank strips (1,2),
- in which the surface covering is formed with caulking strips (3)
intermediate each pair of planks (1,2), and
- in which the planks (1,2) are of a colour and luster imitating the colour
and grain structure of a wooden material, and the caulking strips are of
a different colour, preferably a dark colour,
characterized in
- that the plank strips are formed with matching male and female
means at opposite longitudinal edges for interconnecting same aside of
each other thereby forming, with caulking strips between each pair of
planks, an assembled surface covering an optional length and width,
and
- that the caulking strips (3) are formed with a male connection part
and the mating edge of the adjacent plank with a female connection
part, or vice versa.”
2 BL O/120/13
To continue reading
Request your trial