Conversant Wireless Licensing SARL v Huawei Technologies Co., Ltd & Ors [2019] EWHC 1687 (Pat) (04 July 2019)

Conversant Wireless Licensing SARL v Huawei Technologies Co., Ltd & Ors [2019] EWHC 1687 (Pat) (04 July 2019)

The patent as proposed to be amended is not invalid for added matter, obviousness, or insufficiency. The claims as amended are essential to UMTS Uplink DRX and are infringed by the Defendants' products. The amendments do not add matter and clarify the invention. The Defendants' counterclaims for revocation fail. The patent as granted is invalid, but the amendments are allowable and the patent as amended is valid and infringed.

Citation
[2019] EWHC 1687 (Pat)
Parties
Claimant: Conversant Wireless Licensing SARL; First Defendant: Huawei Technologies Co., Limited; Second Defendant: Huawei Technologies (UK) Co., Limited; Third Defendant: ZTE Corporation; Fourth Defendant: ZTE (UK) Limited
Jurisdiction
England and Wales
Judgment Date
04 July 2019
Procedural Posture
Patent Infringement and Revocation / First Instance Judgment After Trial
Outcome
Patent as granted invalid; patent as amended valid and infringed; counterclaims for revocation dismissed; amendments allowed.
Legal Topics
Patent Essentiality, Patent Infringement, Added Matter, Obviousness, Insufficiency, FRAND Licensing, Telecommunications Standards
Intellectual Property Patents Patent Essentiality Patent Infringement Added Matter Obviousness Insufficiency FRAND Licensing +1 more

Case Brief

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Parties

Conversant Wireless Licensing SARL

Claimant

Huawei Technologies Co., Limited

First Defendant

Huawei Technologies (UK) Co., Limited

Second Defendant

ZTE Corporation

Third Defendant

ZTE (UK) Limited

Fourth Defendant

Procedural Posture

Patent Infringement and Revocation / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether the patent is essential to UMTS Uplink DRX
  2. 2 Whether the patent is infringed by Defendants' products
  3. 3 Whether the patent is invalid for added matter

Ratio Decidendi

The patent as proposed to be amended is not invalid for added matter, obviousness, or insufficiency. The claims as amended are essential to UMTS Uplink DRX and are infringed by the Defendants' products. The amendments do not add matter and clarify the invention. The Defendants' counterclaims for revocation fail. The patent as granted is invalid, but the amendments are allowable and the patent as amended is valid and infringed.

Court Disposition

Patent as granted invalid; patent as amended valid and infringed; counterclaims for revocation dismissed; amendments allowed.

Orders

  • Patent claims to be amended as proposed by Conversant.
  • Defendants' counterclaims for revocation dismissed.