HTC Europe Co Ltd v Apple Inc (Rev 1)

HTC Europe Co Ltd v Apple Inc (Rev 1)

Claim 1 of the 948 patent is obvious in light of the common general knowledge and thus invalid. Claim 2 of the 948 patent is not obvious and does not relate solely to excluded subject matter, and is therefore valid. Claims 5 and 17 of the 022 patent are obvious in light of the Neonode prior art and thus invalid. The inventions in question do not fall solely within excluded subject matter as they make a technical contribution, but must still satisfy the requirements of novelty and inventive step.

Parties
Appellant (in Action 2043, the ‘022 Patent’); Respondent (in Action 2044, the ‘948 Patent’): HTC Europe Co Ltd; Appellant (in Action 2044, the ‘948 Patent’); Respondent (in Action 2043, the ‘022 Patent’): Apple Inc; Respondent (in Action 2044, the ‘948 Patent’): HTC Corporation; Intervener: Comptroller-General of Patents
Jurisdiction
England and Wales
Judgment Date
03 May 2013
Procedural Posture
Civil Appeal (patents) / Appeal From High Court (chancery Division, Patents Court)
Outcome
Appeal dismissed in relation to claim 1 of the 948 patent; appeal allowed in relation to claim 2 of the 948 patent; appeal dismissed in relation to claims 5 and 17 of the 022 patent.
Legal Topics
Patentability of Computer Programs, Obviousness, Novelty, Technical Contribution, User Interface Patents
Intellectual Property Law Patent Law Patentability of Computer Programs Obviousness Novelty Technical Contribution User Interface Patents

Case Brief

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Parties

HTC Europe Co Ltd

Appellant (in Action 2043, the ‘022 Patent’); Respondent (in Action 2044, the ‘948 Patent’)

Apple Inc

Appellant (in Action 2044, the ‘948 Patent’); Respondent (in Action 2043, the ‘022 Patent’)

HTC Corporation

Respondent (in Action 2044, the ‘948 Patent’)

Comptroller-General of Patents

Intervener

Procedural Posture

Civil Appeal (patents) / Appeal From High Court (chancery Division, Patents Court)

Legal Issues

  1. 1 Whether claims 1 and 2 of the 948 patent are invalid as relating to computer programs as such (excluded subject matter)
  2. 2 Whether claim 1 of the 948 patent is obvious in light of common general knowledge
  3. 3 Whether claims 5 and 17 of the 022 patent are obvious in light of the Neonode prior art

Ratio Decidendi

Claim 1 of the 948 patent is obvious in light of the common general knowledge and thus invalid. Claim 2 of the 948 patent is not obvious and does not relate solely to excluded subject matter, and is therefore valid. Claims 5 and 17 of the 022 patent are obvious in light of the Neonode prior art and thus invalid. The inventions in question do not fall solely within excluded subject matter as they make a technical contribution, but must still satisfy the requirements of novelty and inventive step.

Court Disposition

Appeal dismissed in relation to claim 1 of the 948 patent; appeal allowed in relation to claim 2 of the 948 patent; appeal dismissed in relation to claims 5 and 17 of the 022 patent.

Orders

  • Claim 1 of the 948 patent held invalid for obviousness.
  • Claim 2 of the 948 patent held valid (not obvious and not excluded subject matter).