Grimme Landmaschinenfabrik GmbH & Company KG v Scott

JurisdictionEngland & Wales
Neutral Citation[2010] EWCA Civ 1110
Date2011
Year2010
CourtCourt of Appeal (Civil Division)
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15 cases
  • KCI Licensing Inc. and iothers v Smith & Nephew Plc and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 November 2010
    ...used. 53 After the decision of the judge and shortly before the hearing of this appeal, this Court gave judgment in Grimme v Scott [2010] EWCA Civ 1110 and clarified the scope and proper interpretation of s.60(2), including the requirement of knowledge. So far as relevant to this appeal, it......
  • Actavis Group HF v Eli Lilly and Company
    • United Kingdom
    • Chancery Division (Patents Court)
    • 27 November 2012
    ...law or national law based on European conventions such as the CPC: see, for example, Grimme Landmaschinenfabrik GmbH & Co KG v Scott [2010] EWCA Civ 1110, [2011] FSR 7. 100 As to the different national approaches, I accept that there are differences. In my view, however, the differences are......
  • Actavis UK Ltd and Others v Eli Lilly & Company
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 25 June 2015
    ...comes a stage in the course of that activity when pemetrexed disodium is present and is used. 90 In Grimme Maschinenfabrik v Scott [2010] EWCA Civ 1110 this court recognised that the essential means of section 60(2) did not have to be something which could be used without alteration by the ......
  • Actavis UK Ltd and Others v Eli Lilly & Company
    • United Kingdom
    • Chancery Division (Patents Court)
    • 15 May 2014
    ...to Article 26 CPC, and hence section 60(2) of the 1977 Act, was explained by Jacob LJ in Grimme Landmaschinefabrik GmbH v Scott [2010] EWCA Civ 1110, [2011] FSR 7 at [82]–[98]. 194 The facts. These are not in dispute. Section 6.6 of the Summary of Product Characteristics for Alimta states a......
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3 firm's commentaries
  • Virgin v Delta - Aircraft Seats: When Is Supply Of Parts For Assembly Into A Product An Infringement Of A Patent?
    • United Kingdom
    • Mondaq United Kingdom
    • 11 March 2011
    ...clarified in the High Court decision Grimme Landmaschinenfabrik GmbH & Co Kg v. Scott (trading as Scott's Potato Machinery) [2010] EWCA Civ 1110) that those means are suitable for putting, and are intended to put, the invention into effect in the A key part of the basis for Justice Arno......
  • IP Snapshot - December 2010
    • United Kingdom
    • Mondaq United Kingdom
    • 6 January 2011
    ...For the full text of the decision, click here Grimme Landmaschinenfabrik GmbH & Co. KG v Derek Scott (t/a Scotts Potato Machinery) [2010] EWCA Civ 1110 The Court of Appeal has held that a patent for a potato-harvesting machine was wholly valid. The decision is particularly interesting r......
  • What Constitutes Contributory Infringement of a Patent in the United Kingdom?
    • United Kingdom
    • Mondaq United Kingdom
    • 31 December 2010
    ...separating machines having elastomeric rollers. The machines of Mr. Scott could be supplied with steel rollers . In Grimme v Scott [2010] EWCA Civ 1110, the Court of Appeal agreed with the court of first instance that the Scott machine did not directly infringe the patent under Section 60(1......
1 books & journal articles
  • Management and Enforcement
    • Canada
    • Irwin Books Intellectual Property Law. Second Edition
    • 15 June 2011
    ...2703203 ]; Bristol-Myers Squibb Co. v. Canada (A.G.) , 2005 SCC 26 at [134] (dissent); Grimme Maschinenfabrik GmbH & Co KG v. Scott , [2010] EWCA Civ 1110 at [88]. See section E(9), “Time Limits for Suing,” in this chapter. 274 Skelding , above note 213; University of Toronto v. John N. Har......

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