Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co KG [2011] EWHC 3460 (Pat) (21 December 2011)

Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co KG [2011] EWHC 3460 (Pat) (21 December 2011)

On the material before the court, it is impossible to conclude that the claims in question were drafted without good faith or reasonable skill and knowledge. The proposition that no reasonable patent attorney could have drafted the claims without the deleted feature is rejected, especially given the EPO's acceptance of the claims and lack of expert evidence supporting Nokia's assertion.

Citation
[2011] EWHC 3460 (Pat)
Parties
Claimant: Nokia Oyj (Nokia Corporation); Defendant: IPCom GmbH & Co KG
Jurisdiction
England and Wales
Judgment Date
21 December 2011
Procedural Posture
Patent Infringement and Amendment Proceedings / Post Trial Judgment on Section 63(2) Patents Act 1977 and Request for Information
Outcome
No lack of good faith or reasonable skill and knowledge found; claim for damages not struck out.
Legal Topics
Added Matter, Good Faith and Reasonable Skill and Knowledge (gfrsk), Patent Amendment, Privilege, Article 123(2) EPC
Intellectual Property Patent Law Added Matter Good Faith and Reasonable Skill and Knowledge (gfrsk) Patent Amendment Privilege Article 123(2) EPC

Case Brief

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Parties

Nokia Oyj (Nokia Corporation)

Claimant

IPCom GmbH & Co KG

Defendant

Procedural Posture

Patent Infringement and Amendment Proceedings / Post Trial Judgment on Section 63(2) Patents Act 1977 and Request for Information

Legal Issues

  1. 1 Whether the patent was drafted with good faith or reasonable skill and knowledge (GFRSK) under section 63(2) Patents Act 1977
  2. 2 Whether IPCom complied with the court's order to provide further information
  3. 3 Whether the claim for damages should be struck out for alleged non-compliance

Ratio Decidendi

On the material before the court, it is impossible to conclude that the claims in question were drafted without good faith or reasonable skill and knowledge. The proposition that no reasonable patent attorney could have drafted the claims without the deleted feature is rejected, especially given the EPO's acceptance of the claims and lack of expert evidence supporting Nokia's assertion.

Court Disposition

No lack of good faith or reasonable skill and knowledge found; claim for damages not struck out.

Orders

  • Court will hear counsel on the form of order.