Jushi Group Co Ltd v OCV Intellectual Capital LLC [2018] EWCA Civ 1416
Appeal from a decision of IPEC upholding the validity of a patent for a range of compositions for making glass fibre. There was no disclosure in the prior art of any individual glass fibre composition falling within the claims, but there was a disclosure of an overlapping range of glass fibre compositions. The Court of Appeal upheld HHJ Hacon’s decision that the overlapping range did not deprive the claims of novelty or inventive step applying conventional principles as explained in Synthon and Dr Reddy’s. The judgment contains a discussion of the EPO’s ‘serious contemplation’ test for novelty in the context of overlapping ranges and its compatibility with those principles.
Iain Purvis QC and Tom Alkin appeared for the Respondent.