IPCOM GmbH & Co Kg v HTC Europe Co Ltd & Ors [2015] EWHC 1034 (Pat) (24 April 2015)

IPCOM GmbH & Co Kg v HTC Europe Co Ltd & Ors [2015] EWHC 1034 (Pat) (24 April 2015)

The proposed amendment does not introduce added matter and is sufficiently clear for the skilled person. The claim as amended is not limited to a single contiguous bit pattern and the access class bit requirement is met by the UMTS system. The amendment aligns the UK claim with the form allowed by the EPO Board of Appeal. The court exercises its discretion to allow the amendment. The HTC class A devices infringe the amended claim and the patent is essential to the UMTS standard. If the amendment were refused, the patent would be revoked as the patentee does not contend for the validity of the unamended patent.

Citation
[2015] EWHC 1034 (Pat)
Parties
Claimant: IPCOM GMBH & CO KG; Defendant: HTC EUROPE CO. LTD; Defendant: BRIGHT POINT GREAT BRITAIN LIMITED; Defendant: HTC CORPORATION; Opponent to Amendment Application: NOKIA CORPORATION
Jurisdiction
England and Wales
Judgment Date
24 April 2015
Procedural Posture
Patent Infringement and Amendment Application / Judgment After Technical Trial and Amendment Application
Outcome
Amendment allowed; patent as amended found infringed by HTC class A devices; patent not revoked.
Legal Topics
Patent Amendment, Patent Infringement, Added Matter, Claim Construction, Clarity of Claims, Discretion to Amend, FRAND Issues
Intellectual Property Patents Patent Amendment Patent Infringement Added Matter Claim Construction Clarity of Claims Discretion to Amend +1 more

Case Brief

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Parties

IPCOM GMBH & CO KG

Claimant

HTC EUROPE CO. LTD

Defendant

BRIGHT POINT GREAT BRITAIN LIMITED

Defendant

HTC CORPORATION

Defendant

NOKIA CORPORATION

Opponent to Amendment Application

Procedural Posture

Patent Infringement and Amendment Application / Judgment After Technical Trial and Amendment Application

Legal Issues

  1. 1 Whether the proposed amendment to the patent should be allowed
  2. 2 Whether the amended claim is infringed by HTC devices operating under the UMTS standard
  3. 3 Whether the amendment introduces added matter

Ratio Decidendi

The proposed amendment does not introduce added matter and is sufficiently clear for the skilled person. The claim as amended is not limited to a single contiguous bit pattern and the access class bit requirement is met by the UMTS system. The amendment aligns the UK claim with the form allowed by the EPO Board of Appeal. The court exercises its discretion to allow the amendment. The HTC class A devices infringe the amended claim and the patent is essential to the UMTS standard. If the amendment were refused, the patent would be revoked as the patentee does not contend for the validity of the unamended patent.

Court Disposition

Amendment allowed; patent as amended found infringed by HTC class A devices; patent not revoked.

Orders

  • Patent amended in accordance with IPCom's application to align with EPO Board of Appeal main request.
  • Declaration that HTC class A devices infringe the amended patent.