
Orica Mining Services SA (Pty) Ltd v Elbroc Mining Products (Pty) Ltd [2017] 2 All SA 796 (SCA)
Case Law- Info
- 1Connections
- Case Outcome
- Injunction or Order Granted
- Reversed Lower Court
- Case Status
- Closed
- Keywords
- Intellectual property
- Case Number
- 233/2016
- Decision date
- Mar 31, 2017
- Country
- Judicial Body
- Administrative Court
- Court Name
- Supreme Court of Appeal of South Africa
- Collection
- CIPIT
- Case Summary
The present appeal arose from the dismissal of an action by the appellant ("Orica") for an interdict preventing the respondent ("Elbroc") from infringing a patent entitled "Portable Drilling Apparatus" (the "patent") held by Orica. On appeal, Orica persisted in its contention that on a proper construction the patent claims required only that the drill carriage be located in the space between the two props, even if not in the same linear plane as the props. Held As stated in case of law, in dealing with aspects relating to patent infringements, the court's first task is to ascertain the nature of the invention as claimed and its precise scope. Accordingly, the specification, and especially the claims have to be construed. There was nothing in claim 1 of the patent to show that Orica intended that a drill carriage located only linearly between the props was essential to its invention, or that a person skilled in the art would understand that the word "between" was intended to be used as a word of precise meaning. To interpret page 797 of [2017] 2 All SA 796 (SCA)the word "between" as meaning linearly between the props was found by the court not to be in accordance with a purposive interpretation of the specification, as delineated by the claims. The advantage of the invention was that the telescopic props gave support not only to the hanging roof of the stope but also to the drill located "between"them, so that it may be operated remotely. That was precisely what the respondent's drill rig sought to achieve. The appeal was, therefore, upheld and the respondent was interdicted from infringing Orica's patent.
- Date Updated
- Nov 7, 2019