Introduction
1.The claimant (“Professor Tehrani”) is the proprietor of UK Patent No. 2,424,721 (“the Patent”). The Patent has the title “Method and apparatus for controlling a ventilator”, the ventilator being of the type used to assist a patient to breathe by delivering oxygen and removing carbon dioxide.2.The defendants (collectively “Hamilton”) make and sell ventilators. Some of the ventilators incorporate what is called the “Intellivent-ASV System”. Professor Tehrani alleges that the marketing of the Invellivent-ASV System has infringed the Patent.3.Hamilton deny infringement and counterclaim for revocation of the Patent on the grounds of lack of novelty, lack of inventive step and insufficiency.4.Mitchell Beebe appeared for Professor Tehrani, Henry Ward for Hamilton.
- HIS HONOUR JUDGE HACON
- December 2021.
- Introduction
- The Witnesses
- The technical background
- The Skilled Person
- The Patent
- Construction
- Infringement
- The law
- Validity of claims 1 and 45 – Anderson
- Validity of claim 1 – Waisel
- Validity of claim 45 – Waisel
- table referred to as PEFIOS.
- Validity of claim 45 – the Tehrani Paper and US 268
- Insufficiency
- Conclusion
