E-Data Corporation v Getty Images Inc & Anor [2005] EWHC B2 (Pat) (08 June 2005)

E-Data Corporation v Getty Images Inc & Anor [2005] EWHC B2 (Pat) (08 June 2005)

The patent claims, properly construed, require that the information manufacturing machine is constructed to reproduce information in material objects at a point of sale location only with the owner's authorization, as manifested by an authorization code. The claims do not extend to systems where further unauthorized copies can be made after initial authorization. The Defendants' construction is correct, and the patent does not cover general purpose computers or locations where there is no sale of material objects embodying information. The patent is not infringed by the Defendants' activities and is invalid on the grounds advanced.

Citation
[2005] EWHC B2 (Pat)
Parties
Claimant: E-Data; Defendants: Getty Images, Inc. and Getty Images (UK) Ltd; Defendants: Corbis Corporation and Corbis U.K. Ltd
Jurisdiction
England and Wales
Judgment Date
08 June 2005
Procedural Posture
Patent Infringement and Revocation / First Instance Judgment
Outcome
Claim dismissed; counterclaim for revocation succeeds
Legal Topics
Patent Infringement, Patent Revocation, Claim Construction, Supply Chain Security, Point of Sale Technology
Intellectual Property Patent Law Patent Infringement Patent Revocation Claim Construction Supply Chain Security Point of Sale Technology

Case Brief

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Parties

E-Data

Claimant

Getty Images, Inc. and Getty Images (UK) Ltd

Defendants

Corbis Corporation and Corbis U.K. Ltd

Defendants

Procedural Posture

Patent Infringement and Revocation / First Instance Judgment

Legal Issues

  1. 1 Whether the Defendants infringed European Patent (UK) No. 0 195 098
  2. 2 Whether the Patent is valid or should be revoked
  3. 3 Proper construction of key claim terms (e.g., 'information manufacturing machine', 'point of sale location')

Ratio Decidendi

The patent claims, properly construed, require that the information manufacturing machine is constructed to reproduce information in material objects at a point of sale location only with the owner's authorization, as manifested by an authorization code. The claims do not extend to systems where further unauthorized copies can be made after initial authorization. The Defendants' construction is correct, and the patent does not cover general purpose computers or locations where there is no sale of material objects embodying information. The patent is not infringed by the Defendants' activities and is invalid on the grounds advanced.

Court Disposition

Claim dismissed; counterclaim for revocation succeeds

Orders

  • Patent not infringed by Defendants
  • Patent revoked