Scanvaegt International A/S and Another v Pelcombe Ltd and Another

JurisdictionEngland & Wales
Year1998
Date1998
CourtCourt of Appeal (Civil Division)
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14 cases
  • Schutz (UK) Ltd and Others v Delta Containers Ltd (No 1)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 November 2011
    ...that it is unenforceable: one simply cannot tell whether a product falls within it (see the principle approved in Scanvaegt v Pelcome [1998] FSR 786– sometimes going by the name of the Pinocchio point). 35 3. More specifically Mr Thorley contended that the phrase meant the thickness of the ......
  • Gareth Kevin Glass and Others v freyssinet Ltd
    • United Kingdom
    • Intellectual Property Enterprise Court
    • 21 October 2015
    ...of either or both side's preference, see Consafe Engineering (UK) Ltd v Emtunga UK Ltd [1999] R.P.C. 154, at [21]. In Scanvaegt International A/S v Pelcombe Limited [1998] F.S.R. 786 Aldous LJ, with whom Henry LJ and Sir Christopher Staughton agreed, pointed out that the construction of a c......
  • Meter-Tech LLC and Another v British Gas Trading Ltd
    • United Kingdom
    • Chancery Division (Patents Court)
    • 16 September 2016
    ...on construction 132 Third, the views of experts on matters other than terms of art is inadmissible for construction (see Aldous LJ in Scanvaegt v Pelcombe [1998] F.S.R. 786 and Floyd J (as he then was) in Qualcomm v Nokia [2008] EWHC 329 (Pat) at [9] to [11]). 133 In this case, Meter-Tech a......
  • Mölnlycke Health Care AB v Brightwake Ltd (Trading as Advancis Medical)
    • United Kingdom
    • Chancery Division (Patents Court)
    • 25 February 2011
    ...that the court has to decide the ambit of the monopoly claimed using the guidance in the Protocol. 91 In response Mr Purvis relied on Scanvaegt v Pelcombe [1998] FSR 786 at p795 -796 where Aldous LJ cited a famous passage from the House of Lords in British Celanese v Courtaulds: The respond......
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