Research In Motion UK Ltd. v Inpro Licensing SARL [2006] EWHC 70 (Pat) (02 February 2006)

Research In Motion UK Ltd. v Inpro Licensing SARL [2006] EWHC 70 (Pat) (02 February 2006)

The patent as granted is invalid for obviousness over the GloMop prior art. The proposed amendments to the claims introduce added matter and/or lack clarity and are not allowable. The BlackBerry system would not infringe any valid claim. The action for revocation succeeds and the counterclaim for infringement fails.

Citation
[2006] EWHC 70 (Pat)
Parties
Claimant/first Part 20 Defendant: Research In Motion UK Limited; Defendant/part 20 Claimant: Inpro Licensing SARL; Second Part 20 Defendant: T-Mobile (UK) Limited
Jurisdiction
England and Wales
Judgment Date
02 February 2006
Procedural Posture
Patent Revocation and Infringement / First Instance Judgment
Outcome
Patent revoked; counterclaim for infringement dismissed; amendments refused.
Legal Topics
Patent Validity, Patent Infringement, Claim Construction, Added Matter, Obviousness, Sufficiency of Disclosure
Intellectual Property Patents Patent Validity Patent Infringement Claim Construction Added Matter Obviousness Sufficiency of Disclosure

Case Brief

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Parties

Research In Motion UK Limited

Claimant/first Part 20 Defendant

Inpro Licensing SARL

Defendant/part 20 Claimant

T-Mobile (UK) Limited

Second Part 20 Defendant

Procedural Posture

Patent Revocation and Infringement / First Instance Judgment

Legal Issues

  1. 1 Whether EP (UK) 0 892 947 is valid over the prior art, particularly GloMop
  2. 2 Whether the BlackBerry system infringes the patent as granted or as proposed to be amended
  3. 3 Whether the proposed amendments introduce added matter or lack clarity

Ratio Decidendi

The patent as granted is invalid for obviousness over the GloMop prior art. The proposed amendments to the claims introduce added matter and/or lack clarity and are not allowable. The BlackBerry system would not infringe any valid claim. The action for revocation succeeds and the counterclaim for infringement fails.

Court Disposition

Patent revoked; counterclaim for infringement dismissed; amendments refused.

Orders

  • EP (UK) 0 892 947 revoked for invalidity
  • Proposed amendments to claims refused