Lubrizol Corporation v Esso Petroleum Company Ltd
| Jurisdiction | England & Wales |
| Date | 1998 |
| Court | Chancery Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
43 cases
-
H. Lundbeck A/S (Claimant/Part 20 Defendant) v (1) Norpharma Spa (2) Infosint S/A (Defendants/Part 20 Claimants) (3) Lundbeck Ltd and Others (Third, Fourth and Fifth Parties/ Part 20 Defendants)
...him may deal with the product in the same way as if it had been disposed of by the registered proprietor of the patent." 164 In Lubrizol Corp. v Esso Petroleum [1997] RPC 195, Jacob J (as he then was) noted an apparent difference in judicial opinion on the scope of the defence that had aris......
-
Sandvik Intellectual Property AB v Kennametal UK Ltd
...that as a result this feature of claim 1 is ambiguous, and hence the Patent is insufficient. 98 A similar issue arose in Lubrizol Corp v Esso Petroleum Co Ltd [1998] RPC 727. In that case one feature of claim 1 required the polyalkene (in the embodiments which mattered, a polyisobutene or P......
- Ranbaxy (Malaysia) Sdn Bhd v El Du Pont De Nemours and Company
-
Ranbaxy Laboratories Ltd v Warner Lambert Company
...& SMITH LTD 1982 RPC 183 GENERAL TYRE & RUBBER CO LTD v FIRESTONE TYRE & RUBBER CO LTD 1972 RPC 457 LUBRIZOL CORP v ESSO PETROLEUM CO LTD 1998 RPC 727 TICKNER v HONDA MOTOR CO LTD UNREP 2002 EWHC 8 (PATS) SOCIETE TECHNIQUE DE PULVERISATION (STEP) v EMSON EUROPE LTD 1993 RPC 513 IMPROVER COR......
Request a trial to view additional results
3 books & journal articles
-
THE USE OF EXPERTS IN LEGAL PROCEEDINGS IN SINGAPORE INVOLVING INTELLECTUAL PROPERTY RIGHTS
...Singapore Academy of Law, Report of the Law Reform Committee on Opinion Evidence (October 2011) at paras 13–36. 8Lubrizol v Esso Petroleum[1998] RPC 727 (CA) at 738, per Aldous LJ. 9 Section 80 of the Patents Act (Cap 221, 2005 Rev Ed). 10 Cap 221, 2005 Rev Ed. 11 Section 25(4) of the Paten......
-
Intellectual Property Law
...necessary to specify the attributes of such a person in a given case. This is because, as Aldous LJ explained in Lubrizol v Esso Petroleum[1998] RPC 727 at 738: [T]he court must adopt the mantle of the notional skilled addressee and determine, from the language used, what the notional skill......
-
INTERPRETING PATENT CLAIMS: SOME THOUGHTS ON THE UK KIRIN-AMGEN DECISION
...the court to steer the correct course between Scylla and Charybdis.” 31 Supra n 4, at [47]. 32 See Lubrizol Corp v Esso Petroleum Co Ltd[1998] RPC 727 at 738: Patent specifications are intended to be read by persons skilled in the relevant art, but their construction is for the Court. Thus,......