Peterson Portable Sawing Systems Limited v Lucas

[2005] NZSC 49

IN THE SUPREME COURT OF NEW ZEALAND

SC 14/2005

[2005] NZSC 49

BETWEENPETERSON PORTABLE SAWING SYSTEMS LIMITED

First Applicant

ANDCARL JAMES PETERSON Second Applicant

ANDREX CAMERON LUCAS First Respondent

ANDG W LUCAS & SONS PTY LTD Second Respondent

Hearing:         21 July 2005

Court:            Elias CJ and Gault J Counsel:   C L Elliott for Applicants

J G Miles QC for Respondents

Judgment:      25 July 2005

JUDGMENT OF THE COURT

A.       Leave to appeal is granted to argue the following ground:

Whether in their assessments of the alleged invalidity of claim 7 of the Lucas patent on the grounds of anticipation and obviousness the Courts below incorrectly applied the relevant legal tests or proceeded on incorrect approaches to interpretation of the claim.

B.The application for leave to appeal on the ground of ambiguity in the claim is dismissed.

REASONS

PETERSON PORTABLE SAWING SYSTEMS LTD And Anor V LUCAS And Anor SC SC 14/2005 [25 July

2005]

[1] While the Court is satisfied that there are issues appropriate for determination on a second appeal in respect of the grounds of alleged invalidity of claim 7 as anticipated or obvious, that is not the case in respect of the ground of ambiguity.

[2] It was determined in the High Court and upheld in the Court of Appeal that although there was ambiguity in the claim, a person skilled in the art would have no difficulty in taking the intended meaning.  That was upheld in the Court of Appeal. Such determination raises no issue of general public or commercial importance and no question of legal principle.  It therefore does not meet the criteria for leave in s 13 of the Supreme Court Act 2003.

[3] Security for costs and a fixture for the hearing of the appeal will be dealt with by the Registrar.

Solicitors:

Gaze Burt, Auckland, for Applicants

Simpson Grierson, Auckland, for Respondents