Quinn Packaging Ltd v (1) Linpac Packaging Ltd (2) R. Færch Plast A/S [2019] EWHC 2119 (IPEC)
Patent validity, obviousness
Quinn sought to revoke two patents, one in the name of Linpac and the other in the name of Færch. The case was unusual in that the co-defendants were unrelated companies, although the subject matter of their patents was very similar justifying a single claim to revoke both patents.
Both patents relate to the secure application of film lids to plastic containers in which fresh fruit, meat and fish are stored and displayed in supermarkets.
Quinn alleged both patents were obvious over a single piece of prior art, Ono. Linpac had proposed various amendments to the claims of the Linpac patent. Quinn alleged that the amendments did not cure the invalidity and were in any event impermissible as adding matter.
The Judge revoked both patents.