Anan Kasei Co. Ltd & Anor v Molycorp Chemicals & Oxides (Europe) Ltd [2019] EWCA Civ 1646
This was an appeal from the judgment of Mr Wyand QC (sitting as a deputy), in which the judge held that Molycorp had infringed a patent concerning a method for producing ceric oxide (also known as ceria). Ceria is used in catalytic applications, particularly as a co-catalyst for purifying vehicle exhaust gas. The judge had rejected Molycorp’s counterclaim for revocation of the patent on the grounds of: (i) obviousness over an earlier patent owned by the Rhône Poulenc Chimie group (the predecessor of the Rhodia group), (ii) Kirin-Amgen ambiguity insufficiency (because the meaning of “consisting essentially of ceric oxide” in the claim is truly ambiguous) and (iii) Biogen insufficiency on the basis that the claim covered materials not enabled by the patent.
Molycorp appealed Mr Wyand QC’s decision regarding insufficiency only. The appeal was heard by Lord Justices Lewison, Floyd and Peter Jackson. Floyd LJ gave the lead judgment, refusing Molycorp’s appeal and finding that the claims of the patent were not insufficient either for ambiguity or for excessive claim scope.
Adam Gamsa was instructed by Bird & Bird for Molycorp.