In Coloplast v. Salts, Mr Nicholas Caddick QC (sitting as a Deputy High Court Judge) has found Coloplast's patent to be invalid. He concluded that the idea that a woven material could be used as the material for an integrated comfort layer of an ostomy bag (in the manner described in the claims) was obvious over the common general knowledge of the skilled addressee and also over the specific prior art disclosures relied on by Salts. Salts was awarded its costs, with a deduction of 21.9% to reflect those issues on which it lost. An interim costs order of 85% of said deducted amount was made.
For the reasons set out above ... I accept Salts' claim that the Patent was invalid in the ground of obviousness because the concept relied on by Coloplast under the Patent was not an inventive concept.
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