Halliburton Energy Services Inc v Smith International North Sea Ltd, 2006 RPC 2
Citation: Halliburton Energy Services Inc v Smith International North Sea Ltd, 2006 RPC 2
Rule of thumb: If you have put vague general directions in a patent application, do these have any value in a patent infringement claim? Yes, the interpretation of patent certificate is much broader than the interpretation of a statute – general directions in these have significant implications.
Judgment:
Where a potential direction a product could go is included within the patent application then prima facie this potential product is included within the patent application, ‘... the law has always been that clear and unmistakable directions to do or make something within claim will, if they form part of the state of the art, anticipate the claim’, Pumfrey J
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.