courtof appeal judgment template- e p l a w patent blog（courtof吸引力判断模板- e p l w专利博客）.docVIP

Neutral Citation Number: [2010] EWCA Civ 819 Case No: A3/2009/0545 IN THE HIGH COURT OF JUSTICE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE CHANCERY DIVISION (PATENTS COURT) The Hon Mr Justice Mann HC 07 CO1084/HC 07 CO1487/HC 07 CO 1488 Royal Courts of Justice Strand, London, WC2A 2LL Date: 28/07/2010 Before: THE RT HON LORD JUSTICE WALLER THE RT HON LORD JUSTICE JACOBand THE RT HON LORD JUSTICE SULLIVAN - - - - - - - - - - - - - - - - - - - - - Between: Schlumberger Holdings Limited (a company incorporated in the British Virgin Islands) Claimant/ Respondent - and - Electromagnetic Geoservices AS (a company incorporated in Norway) Defendant/Appellant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Simon Thorley QC and Guy Burkill QC (instructed by Bird Bird LLP) for the Appellant/Defendant Michael Silverleaf QC and Hugo Cuddigan (instructed by Freshfields Bruckhaus Deringer LLP) for the Respondent/Claimant Hearing dates: 26-30 April 2010 - - - - - - - - - - - - - - - - - - - - - Approved Judgment Lord Justice Jacob: EMGS appeals the findings of Mann J, [2009] EWHC 58 (Pat) that its EPs Nos. 1,256,019 and 1,309,887 are invalid. It does not appeal the similar finding as regards the third patent in suit, UK 2,339,640 and I need say no more about it. Also, as regards ‘887 in the end it was common ground that it stood or fell with 1,256,019. So the appeal is about that patent alone. I shall call it “the Patent.” General Matters Mr Simon Thorley QC assisted by Mr Guy Burkill QC argued the appeal for EMGS. Mr Michael Silverleaf QC and Mr Hugo Cuddigan argued the appeal for the respondents, Schlumberger. Like Mann J we had the assistance of a scientific advisor. Our advisor (who was found and agreed by the parties) was Dr Colin Brown, Director of the Ryan Institute for Environmental, Marine and Energy Research at the National University of Ireland, Galway. Prior