The team is joined by GuestKats Mirko Brüß, Rosie Burbidge, Nedim Malovic, Frantzeska Papadopolou, Mathilde Pavis, and Eibhlin Vardy
InternKats: Rose Hughes, Ieva Giedrimaite, and Cecilia Sbrolli
SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Hayleigh Bosher (Book Review Editor), and Tian Lu (Asia Correspondent).

Tuesday, 25 March 2008

Angora cats have their day in court

Readers have been pleading with the IPKat to quote what the Court of Appeal for England and Wales actually said about cats in its recent decision in European Central Bank v DSS (full text here on BAILII; short note here from the IPKat; newsy account here from Managing Intellectual Property).

Right: is this Angora cat a claimant or a defendant? Read on ...

The ipsissima verba of the felinophile Lord Justice Jacob are as follows:

"[This litigation] illustrates yet again the need for a one-stop patent shop (with a ground floor department for first instance and a first floor department for second instance) for those who have Europe-wide businesses. The case illustrates another point too: Kitchin J records at [88] that "the positions adopted by DSS before this Court and the CFI are radically different." As he went on to say:

This case therefore seems to me to be a very powerful illustration of why it is desirable to try infringement and validity issues together, where at all possible. If they are tried separately it is all too easy for the patentee to argue for a narrow interpretation of his claim when defending it but an expansive interpretation when asserting infringement.

Professor Mario Franzosi likens a patentee to an Angora cat. When validity is challenged, the patentee says his patent is very small: the cat with its fur smoothed down, cuddly and sleepy. But when the patentee goes on the attack, the fur bristles, the cat is twice the size with teeth bared and eyes ablaze".

The IPKat endorsed the sentiment that this case was a good advertisement for centralised patent litigation in Europe [Merpel thought it a good advertisement for mediation, too], but modestly refrained from preening himself on the cat point.

Angora cats here
More than one way to skin a cat here
More than one way to cook a cat here

1 comment:

mario franzosi said...

i would like to comment on Sir Robin's quotation of the angora cat theory in this case. The experiment goes this way: take a dry angora cat, preferably female, preferably white, colour of eyes irrelevant, and measure her size (better done with a Peabody caliber ssnnr 78). Then drop the same cat (do not substitute!) in the water (20 to 30 degrees, better celsius than farenheit), shake, extract, and measure the cat with the same apparatus.
you will see that the size of the wet cat is 2/10 of the dry.
caution: if you are scratched, don't panic: it is mostly curable.

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