The Court of Appeal dismissed the appeal. The parties did not dispute that the impugned device had a variant of the claimed invention, and the issue to be determined on appeal related to whether this variant had a material effect upon the way the invention worked. The Court of Appeal found no error of law, or overriding and palpable errors on questions of fact or mixed law and fact on the record that would have a material impact on the decision.
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Finding of non-infringement by variant upheld on appeal
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Senior Patent Counsel
Royal DSM NV