Aerotel Ltd v Wavecrest Group Enterprises Ltd & Ors [2009] EWCA Civ 408 (20 May 2009)

Aerotel Ltd v Wavecrest Group Enterprises Ltd & Ors [2009] EWCA Civ 408 (20 May 2009)

The only difference between the patent and the WATS prior art was the use of pre-payment instead of post-payment, which was not inventive. The judge made no error of principle in finding the patent obvious. Commercial success was not shown to be attributable to the invention. The appeal is dismissed.

Citation
[2009] EWCA Civ 408
Parties
Appellant/claimant: Aerotel Limited; Respondent/defendant: Wavecrest Group Enterprises Limited; Respondent/defendant: First National Telecom Services Limited; Respondent/defendant: FNT Holdings Ltd; Respondent/defendant: Wavecrest Enterprises plc; Respondent/defendant: Wavecrest (UK) Limited; Respondent/defendant: Wavecrest Communications Limited
Jurisdiction
England and Wales
Judgment Date
20 May 2009
Procedural Posture
Patent Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Obviousness, Inventive Step, Patent Validity, Prior Art, Commercial Success
Intellectual Property Patents Obviousness Inventive Step Patent Validity Prior Art Commercial Success

Case Brief

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Parties

Aerotel Limited

Appellant/claimant

Wavecrest Group Enterprises Limited

Respondent/defendant

First National Telecom Services Limited

Respondent/defendant

FNT Holdings Ltd

Respondent/defendant

Wavecrest Enterprises plc

Respondent/defendant

Wavecrest (UK) Limited

Respondent/defendant

Wavecrest Communications Limited

Respondent/defendant

Procedural Posture

Patent Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Aerotel's UK patent No. 2,171,877 is invalid for obviousness over prior art, particularly the WATS system
  2. 2 Whether the patent is for subject-matter excluded by Art. 52 EPC
  3. 3 Whether the High Court judge erred in law or principle in finding the patent invalid

Ratio Decidendi

The only difference between the patent and the WATS prior art was the use of pre-payment instead of post-payment, which was not inventive. The judge made no error of principle in finding the patent obvious. Commercial success was not shown to be attributable to the invention. The appeal is dismissed.

Court Disposition

Appeal dismissed