IP-2024-000024 - [2025] EWHC 492 (IPEC)

Well Lead argued that a clamp was required in Soble because when it was undone it allowed the withdrawal of the scope to be sufficiently free of friction.

Soble is clear that other known means can be used to seal off the proximal opening of the sheath against the enclosed scope aside from a clamp, among them a rubber band. It was an agreed part of the CGK that flexible caps were commonly used to achieve a seal between a sheath and a scope by the time of the priority date. CJ Medical argued that using a flexible cap instead of a clamp would have been seen by the skilled person as an obvious alternative. That was Professor Somani’s view, which I find persuasive.