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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14 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 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......
  • Warner-Lambert Company, LLC v Actavis Group PTC EHF and Others (Defendants Proposed Defendant)
    • United Kingdom
    • Chancery Division (Patents Court)
    • 21 January 2015
    ...with the interpretation of section 60(2) of the 1977 Act adopted by the Court of Appeal in Grimme Maschinenfabrik GmbH & Co KG v Scott [2010] EWCA Civ 1110, [2011] FSR 7 as summarised by Jacob LJ in in KCI Licensing Inc v Smith & Nephew plc [2010] EWCA Civ 1260, [2011] FSR 8 at [53]: "i) Th......
  • Warner-Lambert Company LLC v Generics (UK) Ltd (trading as Mylan) and Others
    • United Kingdom
    • Supreme Court
    • 14 November 2018
    ...dicta about knowledge and intention in the joint judgment of Jacob and Etherton LJJ in Grimme Landmaschinenfabrik GmbH & Co KG v Scott [2010] EWCA Civ 1110; [2011] FSR 7, at paras 112–114. That was an infringement claim under section 60(2), which has its own built-in knowledge requirement. ......
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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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