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Curt G Joa, Inc v Fameccanica Data SpA, UK, Intellectual Property Enterprise Court, Hacon HHJ, 24 May 2017

This case concerned a patent for “disposable absorbent garments”, including nappies/diapers and adult incontinence garments. By the time the case came to trial, the patentee had made both unconditional and conditional applications to amend the claims of the patent and no longer sought to rely on the unamended claims.

The Claimant alleged, amongst other things, that the claims as proposed to be amended – whether conditionally or unconditionally – were invalid for added matter. There was no dispute on the law of added matter and, applying the law to the facts of the case, the judge held that the claims as proposed to be amended would indeed add matter and would therefore be invalid. It therefore followed that the applications to amend the patent were dismissed and the patent should be revoked.

A copy of the judgment can be read here.

Headnote: Graham Burnett-Hall, Marks & Clerk Solicitors LLP