Douglas Campbell QC and Tim Austen represented Salts Healthcare in successfully defending Coloplast’s claim for infringement of its patent for ostomy bags.
Coloplast is the proprietor of EP (UK) 2 854 723 entitled “Comfort layer for a collecting bag”, and claimed for infringement by Salts in respect of ostomy bags have a woven comfort layer. Salts counterclaimed at trial for invalidity of the patent, in particular for lack of inventive step in light of five items of prior art. Salts also claimed that, if not obvious, the patent was insufficient and also contained added matter.
Nicholas Caddick QC (sitting as Deputy Judge of the High Court) heard trial on 28 September – 7 October 2020. The Judge held that the patent was invalid for lack of inventive step in light of all five items of prior art relied on by Salts, and that Salts did not infringe.