
Ausplow (Pty) Ltd v Northpark Trading 3 (Pty) Ltd and others [2011] 4 All SA 221 (SCA) 1
Case Law- Info
- 1Connections
- Case Outcome
- Admissible
- Injunction or Order Granted
- Other
- Reversed Lower Court
- Case Status
- Closed
- Keywords
- Intellectual property
- Case Number
- 742/10
- Decision date
- Sep 7, 2011
- Country
- Judicial Body
- Appellate Court
- Court Name
- Supreme Court of Appeal of South Africa
- Collection
- CIPIT
- Case Summary
The appellant instituted action against the first respondent based on the alleged infringement of its patent. The firstrespondent denied such infringement and counterclaimed for revocation of the patent on grounds of, inter alia, lackof novelty and obviousness. The patent had 15 claims of which claims 2 to 12 were directly or indirectly dependenton claim 1 while claim 13, although based on claims 1 to 7, contained an added aspect that was, for the purposes ofthis judgment, of special importance. The Commissioner of Patents was called upon to consider the issues of validityand infringement in relation to claim 1 only. He concluded that claim 1 was valid and infringed, and issued acertificate of validity.
- Date Updated
- Oct 31, 2019
1 connections, 1 documentssorted by: