MMI Research Ltd. v Cellxion Ltd & Ors

MMI Research Ltd. v Cellxion Ltd & Ors

A device that does not possess the normal functions of a mobile phone does not fall within the scope of claim 1 of the patent, as the skilled person would understand the claim to require such functions.

Parties
Claimant: MMI Research Limited; Defendant: Cellxion Limited; Defendant: Cellxion Networks LLC; Defendant: Mark Brumpton; Defendant: Datong Electronics PLC; Defendant: Rohde & Schwarz GmbH & Co. KG.; Defendant: Anthony Timson
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Patent Infringement / Post Judgment Application on Further Infringement Variant
Outcome
Declaration of non-infringement for the further variant device
Legal Topics
Patent Construction, Infringement Analysis, Interpretation of Claims
Intellectual Property Patents Patent Construction Infringement Analysis Interpretation of Claims

Case Brief

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Parties

MMI Research Limited

Claimant

Cellxion Limited

Defendant

Cellxion Networks LLC

Defendant

Mark Brumpton

Defendant

Datong Electronics PLC

Defendant

Rohde & Schwarz GmbH & Co. KG.

Defendant

Anthony Timson

Defendant

Procedural Posture

Patent Infringement / Post Judgment Application on Further Infringement Variant

Legal Issues

  1. 1 Whether a device lacking the normal functions of a mobile phone infringes claim 1 of the patent

Ratio Decidendi

A device that does not possess the normal functions of a mobile phone does not fall within the scope of claim 1 of the patent, as the skilled person would understand the claim to require such functions.

Court Disposition

Declaration of non-infringement for the further variant device

Orders

  • Declaration that the further variant device does not infringe claim 1 of the patent