The General Tire & Rubber Company v The Firestone Tyre and Rubber Company Ltd and Others

JurisdictionEngland & Wales
Judgment Date23 July 1971
Judgment citation (vLex)[1971] EWCA Civ J0723-5
CourtCourt of Appeal (Civil Division)
Date23 July 1971
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300 cases
  • Stoke-on-Trent City Council v W. & J. Wass Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 1988
    ... ... ("the Company"), started to operate a Thursday market at ... restraining the holding of a market and general damages. The Council applied for an interlocutory ... [1914] 31 RPC, 104 ; and General Tyre & Rubber Co. v. Firestone Tyre & Rubber Co. Ltd ... the patentee permits, or could permit, others to use his invention under licence. In all such ... approval by Lord Wilberforce in General Tire and Rubber Co. v. Firestone Tyre and Rubber Co ... ...
  • General Tire & Rubber Company v Firestone Tyre & Rubber Company Ltd
    • United Kingdom
    • House of Lords
    • 16 April 1975
    ... ... The "lump sum" agreements are clearly of the former character. Some of them were not themselves made by way of settlement, but they were based on others which were. The prototype agreement on which they were all modelled�the Goodyear agreement of 1966�was clearly of this kind. A number of individual agreements were made with companies in litigation with the Respondents. In some cases where there was no litigation with the Respondents ... ...
  • Duffy v Ridley Properties Ltd
    • Ireland
    • Supreme Court
    • 30 April 2008
    ... ... was in the Law Society of Ireland form of General Conditions of Sale 2001 edition. The following ... 15 Kilrane O'Callaghan & Company Solicitors acted for the Vendor and Collins ... Others were on the ground, a wall and one on a sheet of ... ought fairly and reasonably to pay: General Tire and Rubber Company v Firestone Tyre and Rubber ... ...
  • Halliburton Energy Services Inc. v Smith International (North Sea) Ltd
    • United Kingdom
    • Chancery Division (Patents Court)
    • 21 July 2005
    ...the claim. It is not necessary that the prior art contain a description of something within the claim (see General Tire v Firestone [1972] RPC 457). The essential difference between the present case and Merrell Dow is that in general in a chemical case it is not possible, without analysis o......
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4 firm's commentaries
  • Species Of Obviousness
    • Canada
    • Mondaq Canada
    • 8 June 2018
    ...of prior art, not the mosaic of prior art forming the invention. 24 General Tire & Rubber Co v Firestone Tyre & Rubber Co, [1972] RPC 457 (Eng CA) at p. 25 By this term, I mean prior art other than the starting point prior art and the CGK. 26 Such prior art should not be confused wi......
  • Clinical Trial Disclosures A Significant Risk To Patent Validity In Australia
    • Australia
    • Mondaq Australia
    • 9 August 2022
    ...destroy the novelty of method of treatment and Swiss-style claims. Footnotes 1 General Tire & Rubber Co v Firestone Tyre & Rubber Co Ltd (1972) RPC 457 2 Also consistent with the High Court in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd & Ors [2013] HCA 50 3 See, e.g., Regeneron Pharm......
  • Landmark decision regarding the Law of Novelty of a Patent in Australia
    • Australia
    • Mondaq Australia
    • 24 February 2013
    ...is derived from the English Court of Appeal decision in The General Tire & Rubber Co v The Firestone Tyre and Rubber Co Ltd [1972] RPC 457, which has been applied by Australian courts on numerous occasions. However, Justice Bennett held that where a claim is for a process with identifie......
  • Re-patenting the prior art - How to avoid re-inventing the wheel!
    • Australia
    • Mondaq Australia
    • 12 April 2022
    ...2 Rodi and Wienenberger AG v Henry Showell Ltd, (1969) RPC 367 at 391 3 General Tire & Rubber Co v Firestone Tyre & Rubber Co Ltd [1972] RPC 457 (General 4 Bloch and Ilford Ld's Patent (1936) 53 RPC 92 at page 98, lines 14 to 16 5 Zetco Pty Ltd v Austworld Commodities Pty Ltd (No 2) [2011] ......
12 books & journal articles
  • THE FUTURE OF INVENTIVE STEP IN PATENT LAW
    • Singapore
    • Singapore Academy of Law Journal No. 2012, December 2012
    • 1 December 2012
    ...Lord Diplock's view was also accepted as correct by the UK Court of Appeal in General Tire & Rubber Co v Firestone Tyre & Rubber Co Ltd[1972] RPC 457. 19Technograph Printed Circuits Ltd v Mills & Rockley (Electronics) Ltd[1972] RPC 346 at 355. 20 Cap 221, 2005 Rev Ed. 21 Patents Act (Cap 22......
  • Table of cases
    • United States
    • ABA Antitrust Library Antitrust Issues in International Intellectual Property Licensing Transactions
    • 1 January 2012
    ...aff’d on reh’g, 305 U.S. 124 (1938) ..............................42, 43, 44 Gen. Tire & Rubber Co. v. Firestone Tyre & Rubber Co., [1972] R.P.C. 457 (A.C.) .................................................................... 616 Genentech, Inc. v. Eli Lilly Co., 998 F.2d 931 (Fed. Cir. 199......
  • Inquiries as to damages in South African intellectual property law
    • South Africa
    • Juta South Africa Mercantile Law Journal No. , May 2019
    • 25 May 2019
    ...& Bland Ld supra note 34 at 290. 39 Aktiebolaget Manus v RJ Fullwood & Bland Ld supra note 34 at 290; Kerly op cit note 4 at 338. 40 [1975] RPC 203 at 267. 41 Infabrics Limited v Jaytex Limited [1985] FSR 75 at 81. 42 Rules of the Supreme Court Order 37,r.1. 43 Supreme Court Practice 1995 o......
  • An Empirical Investigation into Patent Enforcement in Australian Courts‡
    • United Kingdom
    • Sage Federal Law Review No. 33-2, June 2005
    • 1 June 2005
    ...116 General Tire & Rubber Co Ltd v Firestone Tyre & Rubber Co Ltd [1972] RPC 457, 485. 117 (2003) 59 IPR 402. 2005 Patent Enforcement in Australian Courts 265 ____________________________________________________________________________________ fought and hence which are the most drawn out a......
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