Charles Russell Speechlys' Intellectual Property team has successfully acted in relation to a patent infringement claim
5 March 2014
Our Intellectual Property team has successfully acted for Pramet Tools S.r.o in relation to a patent infringement claim by Kennametal, Inc. concerning advanced tools for cutting metal
Pramet is part of the Sandvik group, a world leading supplier of tools to the metal working industry.
The claim was originally brought by TDY Industries, LLC, who sold the relevant part of its business, including the patent concerned, to Kennametal, Inc. during the course of the action.
The patent related to the shape of metal cutting inserts for use in metal milling operations.
The case hinged on a requirement in claim 1 of the patent that the metal cutting inserts feature a combination of a curved section and a “substantially straight section” on their cutting edges and if this was obvious in light of the prior art and common general knowledge and if such a combination was present in Pramet’s products, which were designed to feature only a succession of curves.
The High Court dismissed Kennametal’s claim in its entirety.
It held that the patent was invalid in light of an earlier patent owned by Hitachi Tool Engineering, Ltd and that it was not infringed – there was no substantially straight section on the cutting edges of Pramet’s metal cutting inserts.
The team was led by Ian Wood, assisted by David Fyfield, with Iain Purvis QC and Kathryn Pickard of 11 South Square as Counsel.