Sony Communications International AB v SSH Communications Security Corporation [2016] EWHC 2584 (Pat) (10 October 2016)

Sony Communications International AB v SSH Communications Security Corporation [2016] EWHC 2584 (Pat) (10 October 2016)

The patent is not rendered obvious by the common general knowledge or the cited prior art (NAT Minutes and Guidelines), as there was no clear starting point or incentive for the skilled person to arrive at the invention. The claims as construed are not invalid for obviousness. The construction of 'keepalive packet' is not limited to packets without meaningful data, and 'determining a shortest period for the time out' does not require precise determination. The proposed claim amendments are allowable and clear.

Citation
[2016] EWHC 2584 (Pat)
Parties
Claimant and Part 20 Defendant: Sony Communications International AB; Defendant and Part 20 Claimant: SSH Communications Security Corporation
Jurisdiction
England and Wales
Judgment Date
10 October 2016
Procedural Posture
Patent Infringement and Revocation Action / First Instance Judgment in the High Court, Patents Court
Outcome
Patent held valid and not obvious over common general knowledge or prior art. Claim amendments allowed. Infringement not determined in this extract.
Legal Topics
Patent Validity, Patent Infringement, Obviousness, Claim Construction, Conditional Amendments
Intellectual Property Patents Patent Validity Patent Infringement Obviousness Claim Construction Conditional Amendments

Case Brief

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Parties

Sony Communications International AB

Claimant and Part 20 Defendant

SSH Communications Security Corporation

Defendant and Part 20 Claimant

Procedural Posture

Patent Infringement and Revocation Action / First Instance Judgment in the High Court, Patents Court

Legal Issues

  1. 1 Whether European Patent EP(UK) 2 254 311 is valid over common general knowledge and prior art
  2. 2 Whether the patent is infringed by Sony's mobile phones
  3. 3 Proper construction of 'keepalive packet' and 'determining a shortest period for the time out' in the patent claims

Ratio Decidendi

The patent is not rendered obvious by the common general knowledge or the cited prior art (NAT Minutes and Guidelines), as there was no clear starting point or incentive for the skilled person to arrive at the invention. The claims as construed are not invalid for obviousness. The construction of 'keepalive packet' is not limited to packets without meaningful data, and 'determining a shortest period for the time out' does not require precise determination. The proposed claim amendments are allowable and clear.

Court Disposition

Patent held valid and not obvious over common general knowledge or prior art. Claim amendments allowed. Infringement not determined in this extract.

Orders

  • Conditional claim amendments allowed
  • Patent not revoked on grounds of obviousness