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 PDF document362Kb