Judge Hacon
Judge Hacon:
Introduction
European Patent No. 3 760 143 B1 (‘the Patent’) claims a device for removing stone fragments from a patient. Towards the start of the Patent it indicates the main purpose of the invention: ‘Kidney stones and gallstones have plagued mankind for ages’.
The Patent concerns an advance in the technique of endoscopic lithotripsy. Lithotripsy is the application of energy to break a kidney stone or gallstone into fragments. The device claimed uses suction to draw out the fragments, the suction being applied via a sheath which has been inserted into the urinary tract to reach the stone.
The Patent is owned by the claimant (‘Well Lead’). The defendant (‘CJ Medical’) is alleged to have infringed by marketing its products. CJ Medical denies infringement and says that the Patent is invalid.
Richard Davis KC and Nick Zweck appeared for Well Lead, Guy Tritton and Laura Adde for CJ Medical.
- 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
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