Belvac Production Machinery Inc v Carnaudmetalbox Engineering UK [2009] EWHC 292 (Ch)

Case Summary  |  26 February 2009

John Baldwin QC, sitting as a deputy judge, in the Patents Court heard this case in January 2009 involving a patent for a 'necking machine' used to manufacture drinks cans. Belvac brought an infringement claim against the Carnaudmetalbox in relation to two of its necking machines. Carnaudmetal challenged the infringement claim, arguing that its machines did not fall within the true construction of the claims. It also brought a counterclaim claiming that the patent was invalid for obviousness and anticipation. Carnaudmetal's construction of the claims was found to be correct and as such its machines did not infringe. The patent was also held to be invalid for obviousness but not for lack of novelty. James Mellor QC represented Carnaudmetal.