This Kat does not routinely comment on procedural judgments, but the IPKat has reported so extensively on the ongoing dispute between Smith & Nephew and Convatec, and this case is so fascinating, that on this occasion this Kat feels moved to post on the decision just out (not yet on BAILII but you can read it here). He criticised the Court of Appeal judgment (here and here), also reported by Jeremy here, and preferred the analysis of the first instance judgment of Mr Justice Birss here. These judgments related to infringement of Convatec's patent by Smith & Nephew; the validity of the patent had been considered, and the patent upheld in amended form, in earlier proceedings (see here for first instance and here for appeal).This case concerning silverised wound dressings is not to be confused with a related case between the same parties, noted by the IPKat here. This latter case relates to a similar technology, but without the silver. Readers…
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