12Oct2011
Pullman-Ermator v. Dustcontrol, Court of Patent Appeals Stockholm (Svea Hovrätt Stockholm), 27 April 2010
- By Giovanni Gozzo,
for Kluwer IP Cases
By Giovanni Gozzo and David Nilsson
The Svea Court of Appeal partially invalidated the patent of respondent Dustcontrol, insofar as claim 1 of the patent was concerned. The Court held that it could not be deduced from claim 1 that the filter cartridge at issue in claim 1 must be a unit that neither can nor needs to be taken apart, as previously held by the District Court. The skilled person would consider both this and the option with a unit that can be taken apart possible and covered by the claim. In the end, the Court upheld an amended patent in accordance with Dustcontrol’s auxiliary request.
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