Posts

Showing posts from February, 2017

Case Note: Jushi Group Co Ltd v OCV Intellectual Capital LLC

Image
Jane Lambert


Jushi Group Co Ltd v OCV Intellectual Capital LLC [2017] EWHC 171 (IPEC) (06 Feb 2017) 
This was a claim by the Jushi Group Co. Ltd. ("Jushi") for declarations of invalidity and non-infringement and the revocation of European patentnumber 1 831 118 for glass yarns for reinforcing organic and/or inorganic materials. The patentee, OCV Intellectual Capital LLC (a subsidiary of Owens Corning) ("OCV"), counterclaimed for infringement of the patent. Jushi admitted infringement if the patent was valid. The only issue to be determined was whether the patent was valid. The action came on before His Honour Judge Hacon on the 5 and 6 Dec 2016. His Honour delivered judgment on 6 Feb 2017.
The InventionThe patented invention was a glass strand comprising 12 listed constituents, each being present in prescribed percentages by weight, with the further feature that 3 of those constituents taken in combination must constitute at least 23% of the total by weight.  The pur…