Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2014] EWCA Civ 1462 (11 November 2014)

Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2014] EWCA Civ 1462 (11 November 2014)

The Court of Appeal held that the '790 patent did not require the PSTM to include all possible transitions, only a plurality, and that the cap level table in BT's NGA system constituted a PSTM within the meaning of the patent. The infringement case was properly pleaded by reference to the relevant sections of the...

Source-derived case information.

Citation
[2014] EWCA Civ 1462
Parties
Respondent/appellant: Adaptive Spectrum and Signal Alignment Inc; Appellant/respondent: British Telecommunications PLC
Jurisdiction
England and Wales
Judgment Date
11 November 2014
Procedural Posture
Patent Infringement and Validity Appeal / Court of Appeal (civil Division) on Appeal From High Court (patents Court)
Outcome
Appeal dismissed; cross-appeal dismissed; High Court judgment affirmed in relevant respects.
Legal Topics
Patent Infringement, Patent Validity, Claim Construction, Procedural Fairness, Pleading Requirements
Intellectual Property Law Patent Law Patent Infringement Patent Validity Claim Construction Procedural Fairness Pleading Requirements

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Summary, issues, holding and outcome

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Parties

Adaptive Spectrum and Signal Alignment Inc

Respondent/appellant

British Telecommunications PLC

Appellant/respondent

Procedural Posture

Patent Infringement and Validity Appeal / Court of Appeal (civil Division) on Appeal From High Court (patents Court)

Legal Issues

  1. 1 Whether BT's NGA system infringes ASSIA's European Patent (UK) 1,869,790 ('790')
  2. 2 Proper construction of claim 1 of the '790 patent
  3. 3 Whether the infringement case was properly pleaded

Ratio Decidendi

The Court of Appeal held that the '790 patent did not require the PSTM to include all possible transitions, only a plurality, and that the cap level table in BT's NGA system constituted a PSTM within the meaning of the patent. The infringement case was properly pleaded by reference to the relevant sections of the PPD, and BT suffered no procedural unfairness. The construction adopted by the judge was correct, and the NGA system infringed claim 1 of the '790 patent.

Court Disposition

Appeal dismissed; cross-appeal dismissed; High Court judgment affirmed in relevant respects.

Orders

  • BT's appeal on non-infringement of the '790 patent dismissed.
  • ASSIA's cross-appeal on the '495 patent dismissed.