HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789 (Pat) (04 July 2012)

HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789 (Pat) (04 July 2012)

HTC's devices do not infringe Apple's 948 patent because the Android operating system does not associate the relevant flags with each view as required by the claims, and there is no selective sending of events as claimed. The 948 patent is invalid for obviousness over common general knowledge, as the inventive concept would have been arrived at by the skilled team through routine application of known design principles. The invention is also excluded subject matter as a computer program as such under the Patents Act 1977 and EPC.

Citation
[2012] EWHC 1789 (Pat)
Parties
Claimant: HTC Europe Co. Ltd; Defendant/claimant/part 20 Defendant: Apple Inc.; Defendant/part 20 Claimant: HTC Corporation
Jurisdiction
England and Wales
Judgment Date
04 July 2012
Procedural Posture
Patent Infringement and Revocation Actions / High Court Trial Judgment
Outcome
HTC succeeds; Apple's 948 patent is not infringed and is invalid for obviousness and as excluded subject matter. Claim 2 survives as no obviousness attack was directed at it.
Legal Topics
Patent Infringement, Patent Validity, Obviousness, Excluded Subject Matter, Construction of Patent Claims
Intellectual Property Patents Patent Infringement Patent Validity Obviousness Excluded Subject Matter Construction of Patent Claims

Case Brief

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Parties

HTC Europe Co. Ltd

Claimant

Apple Inc.

Defendant/claimant/part 20 Defendant

HTC Corporation

Defendant/part 20 Claimant

Procedural Posture

Patent Infringement and Revocation Actions / High Court Trial Judgment

Legal Issues

  1. 1 Whether HTC's Android devices infringe Apple's patents
  2. 2 Whether Apple's patents (948, 022, 868, 859) are valid
  3. 3 Whether the patents are obvious over common general knowledge or prior art

Ratio Decidendi

HTC's devices do not infringe Apple's 948 patent because the Android operating system does not associate the relevant flags with each view as required by the claims, and there is no selective sending of events as claimed. The 948 patent is invalid for obviousness over common general knowledge, as the inventive concept would have been arrived at by the skilled team through routine application of known design principles. The invention is also excluded subject matter as a computer program as such under the Patents Act 1977 and EPC.

Court Disposition

HTC succeeds; Apple's 948 patent is not infringed and is invalid for obviousness and as excluded subject matter. Claim 2 survives as no obviousness attack was directed at it.

Orders

  • Declaration of non-infringement of 948 patent by HTC devices
  • Declaration of invalidity of 948 patent (claims 1 and related) for obviousness and excluded subject matter