Pullman-Ermator v. Dustcontrol, Court of Patent Appeals Stockholm (Svea Hovrätt Stockholm), 27 April 2010

By Giovanni Gozzo and David Nilsson

The Svea Court of Appeal partially invalidated the patent of respondent Dustcontrol, insofar as claim 1 of the patent was concerned. The Court held that it could not be deduced from claim 1 that the filter cartridge at issue in claim 1 must be a unit that neither can nor needs to be taken apart, as previously held by the District Court. The skilled person would consider both this and the option with a unit that can be taken apart possible and covered by the claim. In the end, the Court upheld an amended patent in accordance with Dustcontrol's auxiliary request.

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