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Ancon CCL Limited -v- ACS Stainless Steel Fixings Ltd [2009] All ER (D) 148 (CA)

Case Summary  |  Judgment  |  21 October 2008

 

The Claimant, represented by Daniel Alexander QC and James St. Ville, was the proprietor of a patent for 'channel assembly' for use in the construction industry. The Claimant brought an infringement claim against the Defendant who produced and supplied their own channel assembly. The Defendant, who was represented by Andrew Lykiardopoulos, brought a counterclaim for invalidity over three pieces of prior art and a counterclaim for unjustified threats under s.70 of the Patents Act. The infringement case hinged on the construction of claims 1,3 and 6 and in particular on the interpretation of the phrase 'characterised in that the head has a generally elliptical cone shape. The Judge held that the patent was valid but that the Defendant's construction was the correct one and consequently that the Defendant's channel assembly did not infringe the patent. The trial was heard by Mr Justice Patten in June 2008.