Theseus, George Washington's axe and patents for a caged bottle - could you make it up?

Floyd J decision in Schütz (UK) Ltd v Werit UK Ltd & Another.

Before getting to the point, Floyd J colourful opening lines in the decision in Schütz (UK) Ltd v Werit UK Ltd & Another took in stories of Theseus and George Washington's axe. The main point of interest was whether there is patent infringement by re-conditioning or re-manufacturing in terms of replacing certain parts of goods - i.e. can this be "making" within the meaning of s.60 Patents Act 1977 (all section numbers below refer to this Act) or is it a non-infringing replacement of parts? Other issues were also considered including added matter, insufficiency and the mostly defunct (but still alive although unsuccessful here) s. 44 Patents Act defence.

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