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Reports of Patent, Design and Trade Mark Cases 2005 122(4-5):111-151; doi:10.1093/rpc/2005rpc7
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© Crown Copyright

[2005] R.P.C. 7

ULTRAFRAME (UK) LTD v EUROCELL BUILDING PLASTICS LTD

Patents Court

(Lewison J.): July 5–9 and 22, 20041

[2004] 1785 EWHC; [2005] R.P.C. 7

Patent—Construction of claim—Whether inventive concept embodied in the patent—Meaning of "interengage"—Infringement—Protocol questions—Counterclaim for revocation—Novelty—Inventive step.

Design right—Whether claimant's design original—Whether design excluded by "must fit", "must match" or commonplace provisions—Scope of design field—Whether redesign of a system creates new design right—Infringement—Whether defendant's design was copied from claimant's design—Whether defendant produced articles exactly or substantially to the design.

Key Words: Design right • Infringement • Interpretation • Inventions • Must fit exclusion • Originality • Patents

1 Paragraph numbers in this judgment are as assigned by the court.


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