RE: Ioxus infringement case27 Aug 2018 10:24
In preparing the patent specifications and the claims included within those specifications, regard
has been had to not only the specific product that has been developed, but the invention per se as
embodied by that product. That is, the intention has been to best define protection that will
encompass not only for the specific product, but subsequent generations of that product and likely
competing products that embody the same invention. While it is impossible to accurately predict
future activities, the present strategy has resulted in some of the earlier filed applications
foreshadowing protection that also encompasses more recently developed products
notwithstanding little or no knowledge of these products existing at the time of preparing the
patent applications. By way of example, the latest generation of supercapacitors manufactured by
Cap-XX Limited and designated by product numbers HS201, GS203 and GW201 account for a
substantial proportion of the total sales. The protection defined or being sought in all but two of the
patent families are relevant to these three products as presently embodied. That relevance will be
dependent, for example with the patent families relating to the application of devices, on how
products are used. A granted patent provides CAP-XX Limited with the ability to bring patent
infringement proceedings against parties who, without authorisation, make or sell in the
jurisdiction in which the patent is granted the invention defined in the claims of that patent.
Accordingly, the patent portfolio of CAP-XX Limited should present a barrier to competitors
wishing to copy the above products.
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