Bose Corporation v Freebit AS [2018] EWHC 889 (Pat) (24 April 2018)

Bose Corporation v Freebit AS [2018] EWHC 889 (Pat) (24 April 2018)

The patent is invalid as it was anticipated by the supply of the Freebit H1 type A/B units in Norway before the priority date. The claims as granted add matter. The patent does not cover an ear unit which is not pre-shaped with the required curves before insertion into the ear. The proposed amendment would be allowable and would avoid anticipation by Smith but would be obvious over Smith and would not avoid anticipation by the Freebit H1 units. The Bose ear units do not infringe.

Citation
[2018] EWHC 889 (Pat)
Parties
Claimant/part 20 Defendant: Bose Corporation; Claimant/part 20 Defendant: Bose Limited; Defendant/part 20 Claimant: Freebit AS
Jurisdiction
England and Wales
Judgment Date
24 April 2018
Procedural Posture
Patent Infringement and Validity Action / High Court Judgment After Trial
Outcome
Claim dismissed; counterclaim for revocation succeeds
Legal Topics
Patent Infringement, Patent Validity, Anticipation, Obviousness, Added Matter, Claim Construction, Amendment of Patent Claims
Intellectual Property Patents Patent Infringement Patent Validity Anticipation Obviousness Added Matter Claim Construction +1 more

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Parties

Bose Corporation

Claimant/part 20 Defendant

Bose Limited

Claimant/part 20 Defendant

Freebit AS

Defendant/part 20 Claimant

Procedural Posture

Patent Infringement and Validity Action / High Court Judgment After Trial

Legal Issues

  1. 1 Whether European Patent 2177045 is valid or invalid for anticipation or obviousness
  2. 2 Whether the claims as granted add matter
  3. 3 Whether the proposed amendment is allowable

Ratio Decidendi

The patent is invalid as it was anticipated by the supply of the Freebit H1 type A/B units in Norway before the priority date. The claims as granted add matter. The patent does not cover an ear unit which is not pre-shaped with the required curves before insertion into the ear. The proposed amendment would be allowable and would avoid anticipation by Smith but would be obvious over Smith and would not avoid anticipation by the Freebit H1 units. The Bose ear units do not infringe.

Court Disposition

Claim dismissed; counterclaim for revocation succeeds

Orders

  • Patent revoked for invalidity
  • No infringement by Bose units