The Patents Court found Emson’s patents for an expandable garden hose obvious in light of a piece of prior art relating to a self-elongating hose for supplying oxygen to an oxygen mask for aviation crew. In its judgment, the Court considered in detail the law on public prior use, in particular whether separate instances of experimentation could be put together via mosaicing and (obiter) what amounts to a public prior use.
Case date: 17 April 2019
Case number: [2019] EWHC 991 (Pat)
Court: High Court of Justice of England and Wales, Chancery Division, Patents Court
A full summary of this case has been published on Kluwer IP Law.
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