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Reports of Patent, Design and Trade Mark Cases 2004 121(6):203-263; doi:10.1093/rpc/2004rpc10
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 10

MARKEM CORPORATION v ZIPHER LTD (NO.1)

Patents Court

(H.H. Judge Fysh Q.C., sitting as a judge of the High Court): March 25–28 and 31, April 1–3, 7 and 8 and July 4, 20031

[2004] R.P.C. 10

Patent—Application—Entitlement—Broadly drafted claims covering claimant's prior art—Whether claimant entitled to any rights—Whether validity relevant in assessing scope of invention—Meaning of "invention"—Criteria for co-ownership of mixed contributions—What amounts to "devising" an invention—Causation.

1 Paragraph numbers are as assigned by the court. This judgment is to be read with the Second Interim Judgment dated July 21, 2003 reported at [2004] R.P.C. 11.


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