Koninklijke Philips NV v Asustek Computer Inc. & Ors

Koninklijke Philips NV v Asustek Computer Inc. & Ors

It is technically obvious for the skilled person to omit dedicated pilot bits from the fractional dedicated channel disclosed in Nortel October, as pilot bits are not necessary for power control or synchronisation and their omission increases code efficiency. The patent claim as proposed to be amended is therefore invalid for obviousness over Nortel October.

Parties
Claimant: Koninklijke Philips NV; Defendant: ASUSTek Computer Incorporation; Defendant: ASUSTek (UK) Limited; Defendant: ASUS Technology PTE. LTD; Defendant: HTC Corporation; Defendant: HTC Europe Co. Ltd
Jurisdiction
England and Wales
Judgment Date
10 July 2018
Procedural Posture
Patent Infringement and Validity / Judgment After Technical Trial (trial B)
Outcome
Patent invalidated for obviousness over prior art.
Legal Topics
Patent Validity, Obviousness, Mobile Telecommunications Standards, UMTS Standard, HSDPA, FRAND Licensing
Intellectual Property Patent Law Patent Validity Obviousness Mobile Telecommunications Standards UMTS Standard HSDPA FRAND Licensing

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Parties

Koninklijke Philips NV

Claimant

ASUSTek Computer Incorporation

Defendant

ASUSTek (UK) Limited

Defendant

ASUS Technology PTE. LTD

Defendant

HTC Corporation

Defendant

HTC Europe Co. Ltd

Defendant

Procedural Posture

Patent Infringement and Validity / Judgment After Technical Trial (trial B)

Legal Issues

  1. 1 Whether European Patent (UK) No. 1 685 659 is valid as proposed to be amended
  2. 2 Whether the patent is obvious over Nortel October (prior art)
  3. 3 Impact of omitting dedicated pilot bits in fractional dedicated channels

Ratio Decidendi

It is technically obvious for the skilled person to omit dedicated pilot bits from the fractional dedicated channel disclosed in Nortel October, as pilot bits are not necessary for power control or synchronisation and their omission increases code efficiency. The patent claim as proposed to be amended is therefore invalid for obviousness over Nortel October.

Court Disposition

Patent invalidated for obviousness over prior art.