Fisher, Matthew; (2011) A case-study in literalism? Dissecting the English approach to patent claim construction in light of Occlutech v AGA Medical. Intellectual Property Quarterly , 3 pp. 283-303.

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Abstract

The decisions of the Court of Appeal and the judge at first instance in Occlutech v AGA Medical Corp shed important light on the English courts' approach to patent claim construction. More palpably than any other case in recent years they illustrate why the prevailing attitude of the courts, following behind the House of Lords judgment in Kirin-Amgen,1 may demonstrate an unarticulated bias towards adopting a literal interpretation of the claims. The decisions are also noteworthy for their explicit reference to, and reliance upon, dictionary definitions of the words in issue when determining the patent's scope. Additionally the judgments provide proof, if proof were needed, that equivalency as a tool in patent construction is a concept that is as dead as Mr Palin's infamous parrot.

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