Patent decision
- BL number
- O/147/19
- Concerning rights in
- GB 2545879B
- Hearing Officer
- Mr S Probert
- Decision date
- 22 March 2019
- Person(s) or Company(s) involved
- International Safety Components Ltd v DMM International Ltd
- Provisions discussed
- Sect 71
- Keywords
- Infringement
- Related Decisions
- None
Summary
This was an uncontested application for a declaration of non-infringement in respect of three variations of a carabiner. The carabiners each incorporated an RFID tag fixed into a recess in the carabiner using a bonding adhesive.
The patent relates to a carabiner with an RFID tag encapsulated in a resin, within a recess in the carabiner. Specifically, the resin includes a magnetically-permeable material that improves communication between the RFID tag and a reader.
The hearing officer applied the law on infringement following Actavis v Eli Lilly and Icescape v Ice-World International. He concluded that there was no infringement -- either as a matter of normal interpretation, or on the basis of immaterial variation - and made the declaration of non-infringement sought by the claimant.
Full decision O/147/19 362Kb