MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 7 (24 January 2012)

MMI Research Ltd v Cellxion Ltd & Ors [2012] EWCA Civ 7 (24 January 2012)

The patent is invalid for obviousness over the Fox article because, given the Fox disclosure and the common general knowledge, the skilled team would inevitably arrive at the claimed invention, including the use of an out-of-area LAC to provoke an IMSI response. The evidence from both experts, including concessions by the patentee's expert, was all one way. The judge erred in not finding the claim obvious in light of Fox.

Citation
[2012] EWCA Civ 7
Parties
Claimant/respondent: MMI Research Ltd; Appellant/defendant: CellXion Ltd; Appellant/defendant: CellXion Networks LLC; Appellant/defendant: Mark Brumpton; Appellant/defendant: Datong Electronics PLC; Appellant/defendant: Rohde & Schwarz GmbH & Co KG; Appellant/defendant: Anthony Timson
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Patent Infringement and Validity Appeal / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal allowed in part; patent held invalid for obviousness over Fox; other grounds dismissed; no final decision on Mr Timson's personal liability.
Legal Topics
Patent Validity, Obviousness, Anticipation, Confidential Information, Personal Liability
Intellectual Property Patents Patent Validity Obviousness Anticipation Confidential Information Personal Liability

Case Brief

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Parties

MMI Research Ltd

Claimant/respondent

CellXion Ltd

Appellant/defendant

CellXion Networks LLC

Appellant/defendant

Mark Brumpton

Appellant/defendant

Datong Electronics PLC

Appellant/defendant

Rohde & Schwarz GmbH & Co KG

Appellant/defendant

Anthony Timson

Appellant/defendant

Procedural Posture

Patent Infringement and Validity Appeal / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether EP (UK) 1 051 053 is invalid for lack of novelty or obviousness
  2. 2 Whether prior use or disclosure of the GA-900 machine and manuals destroyed novelty
  3. 3 Whether the patent is obvious over the Fox article

Ratio Decidendi

The patent is invalid for obviousness over the Fox article because, given the Fox disclosure and the common general knowledge, the skilled team would inevitably arrive at the claimed invention, including the use of an out-of-area LAC to provoke an IMSI response. The evidence from both experts, including concessions by the patentee's expert, was all one way. The judge erred in not finding the claim obvious in light of Fox.

Court Disposition

Appeal allowed in part; patent held invalid for obviousness over Fox; other grounds dismissed; no final decision on Mr Timson's personal liability.

Orders

  • Patent EP (UK) 1 051 053 declared invalid for obviousness over Fox.
  • Remitted issues appeal dismissed.