The Patents County Court held that Abbott’s patent regarding display panels used in shops was valid and infringed by the defendants. Abbott commenced proceedings against Design & Display and Eureka for independently infringing its patent, EP (UK) 1 816 931. Both defendants denied infringement and counterclaimed for revocation.
Mr Justice Birss held that the snap-in insert made by Design & Display and the snap-in insert made by Eureka infringed the patent when used in a display panel. Although indirect infringement was not admitted, Mr Justice Birss held that both inserts were means relating to an essential element of the invention claimed in claim 1 of the patent.