Research In Motion UK Ltd v Visto Corporation

Research In Motion UK Ltd v Visto Corporation

The 905 Patent as proposed to be amended is invalid for lack of inventive step over the Lotus Notes/Domino Defence prior art and because it claims a computer program as such, which is excluded subject matter under the Patents Act 1977. The patent does not contain added matter and is not insufficient. If valid, the patent would be infringed by the RIM Mail Connector.

Parties
Claimant and Part 20 Defendant: Research In Motion UK Limited; Defendant and Part 20 Claimant: Visto Corporation; Part 20 Defendant: Research In Motion Limited
Jurisdiction
England and Wales
Judgment Date
28 February 2008
Procedural Posture
Patent Litigation / Judgment After Trial
Outcome
Patent as amended held invalid for lack of inventive step and as excluded subject matter; added matter and insufficiency objections fail; if valid, patent would be infringed.
Legal Topics
Patent Validity, Patent Infringement, Inventive Step, Added Matter, Sufficiency, Excluded Subject Matter (computer Programs)
Intellectual Property Patents Patent Validity Patent Infringement Inventive Step Added Matter Sufficiency Excluded Subject Matter (computer Programs)

Case Brief

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Parties

Research In Motion UK Limited

Claimant and Part 20 Defendant

Visto Corporation

Defendant and Part 20 Claimant

Research In Motion Limited

Part 20 Defendant

Procedural Posture

Patent Litigation / Judgment After Trial

Legal Issues

  1. 1 Whether European Patent (UK) No. 996 905 is valid for inventive step
  2. 2 Whether the patent is invalid for claiming a computer program as such
  3. 3 Whether the patent contains added matter

Ratio Decidendi

The 905 Patent as proposed to be amended is invalid for lack of inventive step over the Lotus Notes/Domino Defence prior art and because it claims a computer program as such, which is excluded subject matter under the Patents Act 1977. The patent does not contain added matter and is not insufficient. If valid, the patent would be infringed by the RIM Mail Connector.

Court Disposition

Patent as amended held invalid for lack of inventive step and as excluded subject matter; added matter and insufficiency objections fail; if valid, patent would be infringed.

Orders

  • Patent revoked for invalidity (lack of inventive step and excluded subject matter)
  • Application to amend patent refused as moot