Mira’s dual electric shower patent found valid and infringed by Triton’s DuElec products
The English High Court found that Triton’s DuElec products, which were electric showers with two outlets, infringed Mira’s UK Patent No. 2466504. Triton’s counterclaim for invalidity, based on lack of novelty, obviousness and lack of sufficiency, failed.
Although having two outlets was well known for mechanical showers, it was not known for electric showers. The claims of the Mira patent provided an electric shower with a diverter valve which allowed the water to be diverted between different outlets or shower heads.
The judge found that at the priority date electric showers and mixer showers would be viewed very differently and typically contained completely different components. Therefore, it was not obvious to the skilled person to introduce features from mixer showers into electric showers and vice versa. The judge concluded that the invention was an “idea invention” similar to that in Haberman v Jackel.
This decision shows the importance of expert witness evidence, and in particular the importance for the expert in avoiding hindsight when reviewing the prior art.
A more detailed report on the decision will appear in the CIPA journal.
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