Patent

The defendant (and first CPR Pt 20 claimant) and the second CPR Pt 20 claimant brought proceedings against the claimant in respect of infringement of the patent for a dry fryer. The judge held, inter alia, that claims 10, 11 and 13 of the patent were valid and had been infringed. The Court of Appeal, Civil Division, allowed the claimant’s appeal on the main construction point. It held, inter alia, that the judge had been wrong to conclude that the main heater means mounted on the main body referred to in claim 9 of the patent could include a “main heater means” mounted in the lid.