Nokia OYJ (Nokia Corporation) v IPCom GmbH & Co Kg [2011] EWHC 2719 (Pat) (26 October 2011)

Nokia OYJ (Nokia Corporation) v IPCom GmbH & Co Kg [2011] EWHC 2719 (Pat) (26 October 2011)

The court held that the burden of proving lack of good faith and reasonable skill and knowledge in the drafting of the patent specification lies with Nokia, the party alleging it. The court also determined that Nokia's request for further information from IPCom regarding the knowledge of the patent drafter should be answered, as the pleadings raised a case to answer and privilege did not wholly preclude a response. The court deferred final determination of the financial relief issue pending IPCom's response and further directions.

Citation
[2011] EWHC 2719 (Pat)
Parties
Claimant: Nokia Oyj (Nokia Corporation); Defendant: IPCom GmbH & Co KG
Jurisdiction
England and Wales
Judgment Date
26 October 2011
Procedural Posture
Patent Infringement and Validity Proceedings / Post Trial, Determination of Financial Relief Under Section 63(2) Patents Act 1977
Outcome
Interim order; final determination deferred
Legal Topics
Patent Validity, Patent Infringement, Amendment of Patent Claims, Financial Relief in Patent Cases, Good Faith and Reasonable Skill in Patent Drafting
Intellectual Property Law Patent Law Patent Validity Patent Infringement Amendment of Patent Claims Financial Relief in Patent Cases Good Faith and Reasonable Skill in Patent Drafting

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Parties

Nokia Oyj (Nokia Corporation)

Claimant

IPCom GmbH & Co KG

Defendant

Procedural Posture

Patent Infringement and Validity Proceedings / Post Trial, Determination of Financial Relief Under Section 63(2) Patents Act 1977

Legal Issues

  1. 1 Whether financial relief to IPCom should be restricted under section 63(2) Patents Act 1977 due to lack of good faith and reasonable skill and knowledge (GFRSK) in patent specification drafting

Ratio Decidendi

The court held that the burden of proving lack of good faith and reasonable skill and knowledge in the drafting of the patent specification lies with Nokia, the party alleging it. The court also determined that Nokia's request for further information from IPCom regarding the knowledge of the patent drafter should be answered, as the pleadings raised a case to answer and privilege did not wholly preclude a response. The court deferred final determination of the financial relief issue pending IPCom's response and further directions.

Court Disposition

Interim order; final determination deferred

Orders

  • IPCom is ordered to answer Nokia's request for information regarding the knowledge of the patent drafter.
  • Further directions to be given to enable final disposal of the issue of financial relief under section 63(2) Patents Act 1977.