HTC Europe Co Ltd v Apple Inc (Rev 1) [2013] EWCA Civ 451 (03 May 2013)

HTC Europe Co Ltd v Apple Inc (Rev 1) [2013] EWCA Civ 451 (03 May 2013)

The Court of Appeal held that the invention of claim 1 of the 948 patent made a technical contribution and was not excluded from patentability as a computer program as such. However, the invention was found to be obvious in light of the common general knowledge, and thus invalid. Claim 2 of the 948 patent survived the obviousness attack. Claims 5 and 17 of the 022 patent were found invalid for obviousness in light of the Neonode device.

Citation
[2013] EWCA Civ 451
Parties
Appellant in Action 2043 (the '022 Patent): HTC Europe Co Ltd; Respondent in Action 2043 (the '022 Patent); Appellant in Action 2044 (the '948 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
Patent Appeal / Court of Appeal Judgment on Appeal From High Court (patents Court)
Outcome
Appeal dismissed in respect of claim 1 of the 948 patent and claims 5 and 17 of the 022 patent; claim 2 of the 948 patent upheld as valid.
Legal Topics
Patentability of Computer Programs, Obviousness, Excluded Subject Matter, Technical Contribution, Multi Touch Device Patents
Intellectual Property Patents Patentability of Computer Programs Obviousness Excluded Subject Matter Technical Contribution Multi Touch Device Patents

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Parties

HTC Europe Co Ltd

Appellant in Action 2043 (the '022 Patent)

Apple Inc

Respondent in Action 2043 (the '022 Patent); Appellant in Action 2044 (the '948 Patent)

HTC Corporation

Respondent in Action 2044 (the '948 Patent)

Comptroller-General of Patents

Intervener

Procedural Posture

Patent Appeal / Court of Appeal Judgment on Appeal From High Court (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 invalid for obviousness in light of common general knowledge
  3. 3 Whether claims 5 and 17 of the 022 patent are invalid for obviousness in light of the Neonode device

Ratio Decidendi

The Court of Appeal held that the invention of claim 1 of the 948 patent made a technical contribution and was not excluded from patentability as a computer program as such. However, the invention was found to be obvious in light of the common general knowledge, and thus invalid. Claim 2 of the 948 patent survived the obviousness attack. Claims 5 and 17 of the 022 patent were found invalid for obviousness in light of the Neonode device.

Court Disposition

Appeal dismissed in respect of claim 1 of the 948 patent and claims 5 and 17 of the 022 patent; claim 2 of the 948 patent upheld as valid.

Orders

  • Claim 1 of the 948 patent held invalid for obviousness.
  • Claim 2 of the 948 patent upheld as valid.