Alert: AP Racing succeeds in second patent infringement action against Alcon (AP Racing Limited v Alcon Components Limited)

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IP & IT analysis: This decision of the Intellectual Property Enterprise Court relates to infringement proceedings brought by AP Racing Limited (AP) against Alcon Components Limited (Alcon) in respect of a patent concerning disc brake calipers for motor vehicles, particularly racing cars. It is the second action brought by AP against Alcon after the Court of Appeal’s ruling in the first action that the patent was valid, and concerns Alcon’s making and disposing of further models of caliper identified by eight product codes. The invention claimed overcomes a deficiency in prior calipers by incorporating ‘peripheral stiffening bands’ (PSBs) into the design. The court considered each of the eight models of caliper and concluded that one of them, CAR 9549Y73, had PSBs on the mounting and non-mounting sides of the caliper which were asymmetrical and, therefore, infringed the patent. The remaining seven models were found to either not have a PSB, or to not have...