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Swarovski-Optik KG v Leica Camera AG and Leica Camera Limited [2014] EWCA Civ 637

Case Summary  |  Judgment  |  15 May 2014

 

Andrew Lykiardopoulos QC recently appeared in the Court of Appeal for Swarovski, responding to an appeal brought by Leica from the Judgment of Vos J [2013] EWHC 1227 (Pat).

The first instance trial concerned a patent owned by Swarovski for the use of an additional strong negative lens in riflescopes to enable a wide field of view across the entire range of the scope’s magnification. Vos J held the patent to be valid and infringed by several of Leica’s products in its “Magnus” range of riflescopes.

Leica said on appeal that judge had incorrectly construed the claims of the patent, that the patent was obvious and that the judge had wrongly dismissed a novelty attack based on an earlier riflescope design.

Giving the lead judgment, Floyd LJ, with whom Kitchin and Sullivan LJJ agreed, dismissed the appeal on all grounds and upheld the judgment below.