Patent decision

BL number

O/085/05

Concerning rights in

EP(UK) 0483578 B1

Hearing Officer

Mr S N Dennehey

Decision date

30 March 2005

Person(s) or Company(s) involved

Cormon Limited v Norsk Hydro a.s.

Provisions discussed

PA.1977 section 71

Keywords

Claim construction, Infringement

Related Decisions

None

Summary

The patent relates to a method and apparatus for detecting the amount of particles flowing in a fluid stream based on the principle that the electrical resistance of an erosion element placed in the stream will change as a result of its gradual erosion by the particles. C sought a declaration of non-infringement in respect of its own CMEP 026 and CMEP 024 erosion probes. D questioned whether full particulars of the infringing act had been provided by C.

The hearing officer found that the technical data sheets provided by C did give a clear and unambiguous description on which to decide whether Cs probes fell within the scope of the patent. He went on to find that Cs probes did not infringe the method and apparatus claims. Ds argument that the supply of multiple probes modified or configured in a partiuclar way might lead to contributory infringement of the patent was rejected by the hearing officer.

Full decision O/085/05 147Kb