Research In Motion UK Ltd v Visto Corporation [2008] EWHC 335 (Pat) (28 February 2008)

Research In Motion UK Ltd v Visto Corporation [2008] EWHC 335 (Pat) (28 February 2008)

The amended claims of the 905 Patent are not anticipated by the Lotus Notes/Domino Defence prior art because the prior art does not disclose the use of an HTTP communications channel all the way through the firewall as required by the claims. The differences between the prior art and the inventive concept, specifically the use of HTTP through the firewall and the inclusion of a smartphone, are not rendered obvious by the prior art. The patent is therefore valid as amended. The construction of 'synchronisation' in the patent includes mere forwarding of emails, not necessarily bi-directional or metadata synchronisation. The BlackBerry Mail Connector system does not infringe the amended...

Citation
[2008] EWHC 335 (Pat)
Parties
Claimant / Part 20 Defendant: Research In Motion UK Limited; Defendant / Part 20 Claimant: Visto Corporation; Part 20 Defendant: Research In Motion Limited
Jurisdiction
England and Wales
Judgment Date
28 February 2008
Procedural Posture
Patent Revocation and Infringement / First Instance Judgment
Outcome
Amended claims of the 905 Patent held valid and not anticipated or obvious over the prior art. No infringement by RIM's BlackBerry Mail Connector system. RIM's counterclaims for revocation of Visto's patent fail as to the amended claims. Visto's applications to amend allowed. RIM's patents 1,096,727 and 1,126,662...
Legal Topics
Patent Validity, Patent Infringement, Claim Construction, Obviousness, Novelty
Intellectual Property Patents Patent Validity Patent Infringement Claim Construction Obviousness Novelty

Case Brief

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Parties

Research In Motion UK Limited

Claimant / Part 20 Defendant

Visto Corporation

Defendant / Part 20 Claimant

Research In Motion Limited

Part 20 Defendant

Procedural Posture

Patent Revocation and Infringement / First Instance Judgment

Legal Issues

  1. 1 Whether European Patent (UK) No. 996 905 is valid over prior art (Lotus Notes/Domino Defence)
  2. 2 Whether the amended claims of the 905 Patent are anticipated or rendered obvious by the prior art
  3. 3 Proper construction of key claim terms including 'synchronisation' and 'HTTP communications channel through the firewall'

Ratio Decidendi

The amended claims of the 905 Patent are not anticipated by the Lotus Notes/Domino Defence prior art because the prior art does not disclose the use of an HTTP communications channel all the way through the firewall as required by the claims. The differences between the prior art and the inventive concept, specifically the use of HTTP through the firewall and the inclusion of a smartphone, are not rendered obvious by the prior art. The patent is therefore valid as amended. The construction of 'synchronisation' in the patent includes mere forwarding of emails, not necessarily bi-directional or metadata synchronisation. The BlackBerry Mail Connector system does not infringe the amended...

Court Disposition

Amended claims of the 905 Patent held valid and not anticipated or obvious over the prior art. No infringement by RIM's BlackBerry Mail Connector system. RIM's counterclaims for revocation of Visto's patent fail as to the amended claims. Visto's applications to amend allowed. RIM's patents 1,096,727 and 1,126,662...

Orders

  • Visto's unconditional application to amend the 905 Patent allowed.
  • RIM's patents 1,096,727 and 1,126,662 revoked by consent.