Lizzanno Partitions (UK) Limited -v- Interiors Manufacturing Limited, Patents County Court, HH Judge Birss QC, London, UK, 12 February 2013, Case No.  EWPCC 12
This judgment relates to an action for a declaration of non-infringement and revocation of the defendant’s United Kingdom patent GB 2 432 617 (“the Patent”) and the corresponding counterclaim for infringement. The alleged infringement concerned the claimant’s gasket for sealing between glass partition walls. The Patent was found valid and infringed.
In the judgment, the claimant is referred to as “Lizzanno” and the defendant as “Komfort” (Komfort Workspace Plc having been the original proprietor of the Patent).
In essence, Komfort’s invention is based on a new gasket which is made of a hollow tube of non-rigid material and has a particular shape when it is not in use – namely it has a substantially rectangular cross-section, with substantially planar long edges and curved shorter edges. In contrast, Lizzanno contended that its “fan shaped” gasket did not infringe because: (i) its gasket has concave curves (rather than convex curves as shown in the figures of the Patent), (ii) the sides of the gasket are purposefully not parallel, (iii) the gasket is made using two different grades of PVC, and (iv) one of such materials is rigid.
Based on the Court’s construction of various features of the claims, in particular, the Judge’s finding that: