BOS GmbH & Co KG v. Cobra UK Automotive Products Divisions Limited, Patents County Court, London, UK, 27 July 2012, [2012] EWPCC 38
The Patents County Court held that BOS’ patent was invalid and not infringed by Cobra.
BOS’s patent, EP (UK) 0 649 778, related to security nets used in estate cars to prevent luggage stored in the boot from colliding with the car passengers. BOS alleged that Cobra’s security net for Volvo XC60 cars infringed the patent. Cobra denied infringement and alleged that the patent was invalid for obviousness.
His Honour Judge Birss QC held that Cobra’s security net did not infringe BOS’ patent on the basis that the Cobra net did not fall within the scope of all the integers of claim 1. In particular, BOS had in effect ignored the wording “in the region of this edge” in their construction of the claim. HHJ Birss QC noted that the Dusseldorf court had held the Cobra net to infringe in the parallel German proceedings but he respectfully disagreed with this decision.
HHJ Birss QC held that the patent was invalid for obviousness in respect of the Mercedes net prior art. The obviousness attacks based on the Butz and Ament prior art were rejected and HHJ Birss QC held that he did not need to decide the case over the Opel prior art.
Read the judgment in English here.
Head note: Rob Fitt
The Patents County Court held that BOS’ patent was invalid and not infringed by Cobra.
BOS’s patent, EP (UK) 0 649 778, related to security nets used in estate cars to prevent luggage stored in the boot from colliding with the car passengers. BOS alleged that Cobra’s security net for Volvo XC60 cars infringed the patent. Cobra denied infringement and alleged that the patent was invalid for obviousness.
His Honour Judge Birss QC held that Cobra’s security net did not infringe BOS’ patent on the basis that the Cobra net did not fall within the scope of all the integers of claim 1. In particular, BOS had in effect ignored the wording “in the region of this edge” in their construction of the claim. HHJ Birss QC noted that the Dusseldorf court had held the Cobra net to infringe in the parallel German proceedings but he respectfully disagreed with this decision.
HHJ Birss QC held that the patent was invalid for obviousness in respect of the Mercedes net prior art. The obviousness attacks based on the Butz and Ament prior art were rejected and HHJ Birss QC held that he did not need to decide the case over the Opel prior art.
Read the judgment in English here.
Head note: Rob Fitt
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