![IP-2024-000024 - [2025] EWHC 492 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
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Neutral Citation Number: [2025] EWHC 492 (IPEC)
Case No: IP-2024-000024
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY ENTERPRISE COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 7 March 2025
Before :
HIS HONOUR JUDGE HACON
Between :
WELL LEAD MEDICAL CO., LIMITED | Claimant |
- and - | |
C J MEDICAL LIMITED | Defendant |
Richard Davis KC and Nick Zweck (instructed by Clyde & Co) for the Claimant
Guy Tritton and Laura Adde (instructed by N. J. Akers & Co) for the Defendant
Hearing dates: 3-4 February 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 7 March 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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HIS HONOUR JUDGE HACON
- Heading
- Judge Hacon
- The skilled person
- The expert witnesses
- Technical Background
- The Patent
- The claims
- Construction
- Claim 3 – a flexible, deflectable tip
- The prior art
- Soble and Russo
- The law on inventive step
- Inventive step over Soble
- Differences between claim 1 and Soble
- Sleeve v sheath
- No obturator in Soble
- A clamp in Soble instead of a flexible cap
- Conclusion on Soble and inventive step
- Wan
- Piercing stylus, obturator and trocar
- Inventive step of claim 1 over Wan
- Inventive step of claim 3 over Wan
- Added matter
- Method of treatment or diagnosis
- Infringement
- Normal construction
- Sizes 10-13 as equivalents
- Conclusions