IP-2024-000057 - [2025] EWHC 1687 (IPEC)

The first stage of Autochair’s case on equivalence was that Adjustment 3 operating in 10mm steps (the variant) achieves substantially the same result in substantially the same way as the inventive concept, i.e. the same result as in a hoist in which Adjustments 1 and 3 are both stepless.

A tension is apparent in Autochair’s case. Autochair begins by pointing out that the stepless adjustments enable the highest degree of adjustability to provide ‘even the smallest amount’ of headroom gains, rightly referred to paragraph [0023] of the Patent where the skilled person is told this. Yet making Adjustment 3 operate in 10mm steps is said to be ‘close enough’. It is not self-evident that 10mm steps constitute the smallest possible degree of variation.

Supported by Mr Hibbert’s evidence, Autochair argued that variation by Adjustment 3 is first, not at a point where the hoist is subject to heavy lifting forces, in contrast to the point of Adjustment 1. Secondly, it is stepless Adjustment 1 which affects the height of the load and the Patent is concerned with affording the smallest amount of headroom gains, a product of height. Therefore Adjustment 3 being in 10mm steps does not stop the Apex Assist from achieving substantially the same result in substantially the same way.

Mr Shaw for JGL said that using grub screws in blind holes for Adjustment 3 prevents a catastrophic failure in the form of the breakage of the upper end section of the arm or the extension element sliding right out. This is to be contrasted with a failure at the point of Adjustment 1, which would just result in the major part of the lifting arm sliding down until reaching its lowest point.

Secondly, Mr Shaw said that the skilled person would appreciate the importance of making the best possible use of the space available in the maximum number of different vehicles. Adjustment 3 being limited to 10mm incremental changes potentially limits both. In cross-examination Mr Hibbert agreed that in some circumstances being able to effect Adjustment 3 in integers of less than 10mm could be needed, in which case ‘stepless adjustment would come in a lot easier’.