Sunday 9 April 2017

SUPREME COURT OF APPEAL

Neutral Citation:  Orica Mining Services v Elbroc Mining Products (233/2016) [2017] ZASCA     48
Coram:                    Maya AP, Swain and Dambuza JJA and Nicholls and Mbatha AJJA
Heard:                     24 February 2017
Delivered:             31 March 2017

Summary: Intellectual property: claim for patent infringement: s 45 Patents Act 57 of 1978: extent of protection determined by wording of claims: claims to be read in the context of the patented specification: interpretation of ‘between’ in claim to mean "linearly between" unjustified in context of specification as well as claims: purposive interpretation: "linearly between" not essential for functionality of invention.

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