Bose Corporation v Freebit AS

Bose Corporation v Freebit AS

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 added matter. The patent does not cover ear units which are not pre-shaped with the required curves before insertion. If it did, it would be anticipated by Smith. The proposed amendment would be allowable and avoid anticipation by Smith but would be obvious over Smith and would not avoid anticipation by the Freebit H1 units. The Bose units do not infringe.

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 / Judgment After Trial
Outcome
Claim dismissed; counterclaim succeeds in part; patent held invalid; no infringement found.
Legal Topics
Patent Infringement, Patent Validity, Anticipation, Obviousness, Added Matter, Claim Construction
Intellectual Property Patents Patent Infringement Patent Validity Anticipation Obviousness Added Matter Claim Construction

Case Brief

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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 / Judgment After Trial

Legal Issues

  1. 1 Whether the Freebit H1 type A/B units anticipated the patent
  2. 2 Whether the patent as granted added matter
  3. 3 Whether the patent covers ear units shaped only after insertion

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 added matter. The patent does not cover ear units which are not pre-shaped with the required curves before insertion. If it did, it would be anticipated by Smith. The proposed amendment would be allowable and avoid anticipation by Smith but would be obvious over Smith and would not avoid anticipation by the Freebit H1 units. The Bose units do not infringe.

Court Disposition

Claim dismissed; counterclaim succeeds in part; patent held invalid; no infringement found.

Orders

  • Patent held invalid for anticipation by prior use of Freebit H1 units.
  • Claims as granted found to add matter and are invalid.