Patents: Corus UK Ltd. v Qual-Chem Ltd.
Although Lord Justice Jacob disclaimed any pretension of deciding any question of legal principle, the CA's decision in Corus UK Ltd. v Qual-Chem Ltd . [2008] EWCA Civ 1177 is still worth reading because it assists an understanding of art 123 (2) of the EPC post European Central Bank v Document Security Systems Inc. [2008] EWCA Civ 192 (19 March 2008) and Vector Corporation v Glatt Air Techniques Inc . [2007] EWCA Civ 805 (19 Oct 2007) and also on the construction of claims post Kirin-Amgen . The judgment is also mercifully short largely because the lords justices did not regurgitate the facts found by His Honour Judge Fysh QC at first instance ( Qual-Chem Ltd. v Corus UK Ltd. [2008]EWPCC 1 (7 Feb 2008)). Added Matter Art 123 EPC provides for amendment of European patents: "(1) The European patent application or European patent may be amended in proceedings before the European Patent Office, in accordance with the Implementing Regulations. In any event, the appl...