Pescara, Italy (August 1, 2018) – On 30 July 2018, the Court of Appeal in London, England gave its decision in the long running litigation in the English courts concerning the UK designation of Fameccanica's European Patent No. 1 355 604 ("Patent"). The Patent relates to the ultrasonic bonding of diapers to give breathable and stretchable side panels, making them more comfortable for the wearer. It is one of the many patents that Fameccanica owns that protect its innovative solutions for the hygienic disposable garment converting industry.
The proceedings were commenced in the Intellectual Property Enterprise Court ("IPEC") in December 2015 by Curt G. Joa, Inc. ("Joa"), a Fameccanica competitor, for the revocation of the UK designation of the Patent. During the proceedings, Fameccanica applied to amend the UK designation to clarify the invention it claims. In May 2017, the IPEC judge held that the UK designation should stand to be revoked because the amendment was not allowable. Nevertheless, in his judgment, the judge explained that, were the amendment allowable, then the Patent was valid. Fameccanica appealed arguing that the amendment should have been allowed.
In its judgement, the Court of Appeal upheld the IPEC's decision and so declined to allow the amendment of the UK designation of the Patent. In response to the press release published by Joa on 31 July 2018, Donato Carriero, Fameccanica's Business Development Director, commented that:
"While we are obviously disappointed by the Court of Appeal decision, it is worth noting that it does only affect the UK designation of the Patent and the UK market where the Patent was not practised. The amendment refused by the court was also one that responded to the particular prior art and arguments in the UK proceedings. In contrast, the European Patent Office recently allowed amendment of the Patent, so strengthening it in all non-UK designations. In addition, in October 2017 the Patent Trial and Appeal Board of the US Patent and Trademark Office upheld the US equivalent of the Patent. In both instances, the patent offices dismissed Joa's arguments. We will therefore continue to vigorously defend all the non-UK designations of the Patent and its counterparts against attacks and to provide our customers a competitive edge through the exclusive supply of equipment that implements the innovative technique claimed by the Patent and its counterparts."
Fameccanica is a worldwide leader in the design and manufacture of hygienic disposable absorbent converting machinery and has been a persistent innovator since it was founded in 1975. Fameccanica.Data S.p.A. is the founder of the Fameccanica Group with operations in Europe, Asia, North America and South America, and the centre of excellence for the development and design of all the Fameccanica technological platforms and for the production of top performing, high innovation level machines.
Fameccanica owns over 600 pending and granted patents protecting many of the innovative solutions it provides in the hygienic disposable absorbent products converting industry. As it has done in the past, Fameccanica will continue to take a resolute stand against the infringement of any of its patents and will continue to defend its patents against meritless allegations of invalidity. For additional information about Fameccanica and its products, please visit www.fameccanica.com.
Contact: Martina Baldacci – Legal Affairs Manager
Fameccanica.Data S.p.A.