Patents - Ensygnia IP Ltd v Shell UK Oil Products Ltd
Shell Petrol Station Author Ianmcm Public Domain Courtesy of the author Soutce Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Phillips and Birss and Lady Justice Whipple) Ensygnia IP Ltd v Shell UK Oil Products Ltd and others [2024] EWCA Civ 1490 (5 Dec 2024) This was an appeal against the judgment of Miss Charlotte May KC sitting as a deputy judge of the High Court in Ensygnia IP Ltd v Shell Oil Products Ltd and others [2023] EWHC 1495 (Pat) of 26 June 2023. That had been a claim by Ensygnia IP Ltd. ("Ensygnia") against Shell Oil Products Ltd, Shell International Petroleum Ltd. and Shell Information Technology BV ("Shell") for the alleged infringement of UK patent GB 2,489,332 C2 and a counterclaim by Shell for revocation of the patent. In para [300] of her judgment, Miss May held that the patent was invalid for added matter, extension of scope, and obviousness. However, she also stated that the patent woul...