Patents: Fisher & Paykel Healthcare Ltd v Flexicare Medical Ltd
Jane Lambert Patents Court (Mr Justice Meade) Fisher & Paykel Healthcare Ltd v Flexicare Medical Ltd and another [2020] EWHC 3282 (Pat) (8 Dec 2020) This was an action for the infringement of European patent (UK) No 2 025 359 B1 and a counterclaim for revocation. The action and counterclaim came on before Mr Justice Meade who tried them on 3, 4 and 19 Nov 2020. His lordship delivered his judgment on 8 Dec 2020. The learned judge held at paragraph [226] of his judgment that the patent was valid and that it had been infringed. The Patent The patent had been granted for components for breathing circuits. The abstract is as follows: "A breathing circuit component (4) includes an inlet, an outlet and an enclosing wall (1). The enclosing wall (1) defines a gases passageway between the inlet and the outlet. At least a region (2,3) of the enclosing wall is formed from a breathable material that allows the passage of water vapour without allowing the passage o...