Koninklijke Philips NV v Asustek Computer Incorporation & Ors

Koninklijke Philips NV v Asustek Computer Incorporation & Ors

Claim 10 of the patent was not obvious over Motorola 021 because the use of differential powers for binary antipodal signals (ACK/NACK) was not common general knowledge and would not have been an obvious alternative. Claim 10 was not obvious over Shad because the skilled person would not find it obvious to implement Shad's proposal by having the base station signal the gains to the mobile station, and the implementation issues would not lead the skilled person to the claimed invention. Therefore, the patent is valid and infringed.

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
23 May 2018
Procedural Posture
Patent Infringement and Validity / Judgment After Trial on Validity (trial A)
Outcome
Patent held valid and infringed
Legal Topics
Patent Validity, Obviousness, Infringement, Telecommunications Standards, Power Control in Mobile Systems
Intellectual Property Patents Patent Validity Obviousness Infringement Telecommunications Standards Power Control in Mobile Systems

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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 Trial on Validity (trial A)

Legal Issues

  1. 1 Whether claim 10 of European Patent (UK) No. 1 440 525 is obvious over Motorola 021 or Shad
  2. 2 Whether the patent is valid and infringed

Ratio Decidendi

Claim 10 of the patent was not obvious over Motorola 021 because the use of differential powers for binary antipodal signals (ACK/NACK) was not common general knowledge and would not have been an obvious alternative. Claim 10 was not obvious over Shad because the skilled person would not find it obvious to implement Shad's proposal by having the base station signal the gains to the mobile station, and the implementation issues would not lead the skilled person to the claimed invention. Therefore, the patent is valid and infringed.

Court Disposition

Patent held valid and infringed

Orders

  • Patent is valid
  • Patent is infringed by the defendants