Add2 Research And Development Ltd v dSPACE Digital Signal Processing & Control Engineering GMBH & Anor [2021] EWHC 1630 (Pat) (17 June 2021)

Add2 Research And Development Ltd v dSPACE Digital Signal Processing & Control Engineering GMBH & Anor [2021] EWHC 1630 (Pat) (17 June 2021)

The patent is invalid for obviousness over Woermann; the central inventive concept was not novel and would have been obvious to the skilled addressee. Infringement and assignment issues are rendered moot by invalidity. Proposed amendments do not cure invalidity. Assignment and confirmatory assignment issues are peripheral and do not affect outcome.

Citation
[2021] EWHC 1630 (Pat)
Parties
Claimant: ADD2 Research and Development Limited; Defendant: dSPACE Digital Signal Processing & Control Engineering GmbH; Defendant: dSPACE Limited
Jurisdiction
England and Wales
Judgment Date
17 June 2021
Procedural Posture
Patent Infringement and Validity / Final Judgment After Trial
Outcome
Patent held invalid for obviousness; claim dismissed.
Legal Topics
Patent Infringement, Patent Validity, Obviousness, Added Matter, Assignment of Patent, Pre Action Protocol Compliance
Intellectual Property Patent Law Patent Infringement Patent Validity Obviousness Added Matter Assignment of Patent Pre Action Protocol Compliance

Case Brief

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Parties

ADD2 Research and Development Limited

Claimant

dSPACE Digital Signal Processing & Control Engineering GmbH

Defendant

dSPACE Limited

Defendant

Procedural Posture

Patent Infringement and Validity / Final Judgment After Trial

Legal Issues

  1. 1 Whether European Patent (UK) 1 163 622 B1 is infringed by Defendants' products
  2. 2 Whether the patent is invalid for obviousness over Woermann and DS1103
  3. 3 Whether the patent is insufficient

Ratio Decidendi

The patent is invalid for obviousness over Woermann; the central inventive concept was not novel and would have been obvious to the skilled addressee. Infringement and assignment issues are rendered moot by invalidity. Proposed amendments do not cure invalidity. Assignment and confirmatory assignment issues are peripheral and do not affect outcome.

Court Disposition

Patent held invalid for obviousness; claim dismissed.

Orders

  • Claim for infringement dismissed
  • Patent held invalid