Farrow Holdings Group Inc v Secretary of State for Defence [2014] EWHC 2047 (Pat)
This was an appeal from the Comptroller concerning a patented wet blasting method for removing surface coatings. The patent employed the use of heat to improve the efficiency of the blasting process.
The Intellectual Property Office at first instance held that the patent was invalid for lack of inventive step over two instances of prior use, and a piece of prior art.
On appeal to the Patents Court, Chris appeared as sole counsel for the patentee.
Mr Justice Birss reversed one of the findings in relation to prior use, but upheld the decision on the other two bases. A further point on Article 6 – right to a fair trial – was raised. The judge considered that the patentee had been given a fair trial in the Intellectual Property Office.