Nokia Oyj (Nokia Corporation) v IPCom GmbH & Co Kg [2011] EWHC 1470 (Pat) (16 June 2011)

The patent is not invalid for obviousness over GSM/GPRS or IS-95 prior art, as the modifications required are not obvious to the skilled person. The patent does not contain added matter and is not insufficient. Nokia's devices do not infringe the patent as properly construed. Summary judgment is granted in favour of Nokia for non-infringement declarations.

Citation: [2011] EWHC 1470 (Pat)
Parties: Claimant: Nokia Oyj (Nokia Corporation); Defendant: IPCom GmbH & Co KG
Jurisdiction: England and Wales
Judgment Date: 16 June 2011
Procedural Posture: Patent Revocation and Infringement / Final Judgment After Trial
Outcome: Patent held valid; no infringement by Nokia; summary judgment for Nokia on non-infringement declarations.
Legal Topics: Patent Validity, Obviousness, Added Matter, Insufficiency, Infringement, Claim Construction

Intellectual Property Patent Law Patent Validity Obviousness Added Matter Insufficiency Infringement Claim Construction

Case Brief

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Parties

Nokia Oyj (Nokia Corporation)

Claimant

IPCom GmbH & Co KG

Defendant

Procedural Posture

Patent Revocation and Infringement / Final Judgment After Trial

Legal Issues

1 Whether European Patent (UK) No. 1 841 268 is invalid for obviousness over GSM/GPRS and IS-95 prior art
2 Whether the patent contains added matter
3 Whether the patent is insufficient

Ratio Decidendi

Court Disposition

Patent held valid; no infringement by Nokia; summary judgment for Nokia on non-infringement declarations.

Orders

Patent not revoked
Conditional amendment application dismissed