Nokia Oyj (Nokia Corporation) v IPCom GmbH & Co Kg

Nokia Oyj (Nokia Corporation) v IPCom GmbH & Co Kg

The 268 patent is not invalid for obviousness, added matter, or insufficiency. The modifications required to render the invention obvious over GSM/GPRS, IS-95, Farsta/Thomas, or common general knowledge were not ones the skilled person would make without invention. The patent as amended does not add matter. The specification is sufficient. Nokia's A1 and A2 devices infringe the patent; B-G devices do not infringe and Nokia is entitled to declarations of non-infringement for those devices. IPCom is not entitled to a declaration regarding UMTS compliance.

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 / Judgment After Full Trial
Outcome
Patent held valid and partially infringed; declarations of non-infringement granted for certain devices; IPCom's request for declaration on UMTS compliance refused.
Legal Topics
Patent Validity, Patent Infringement, Obviousness, Added Matter, Insufficiency, Declaration of Non Infringement
Intellectual Property Patents Patent Validity Patent Infringement Obviousness Added Matter Insufficiency Declaration of Non Infringement

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Parties

Nokia Oyj (Nokia Corporation)

Claimant

IPCom GmbH & Co KG

Defendant

Procedural Posture

Patent Revocation and Infringement / Judgment After Full Trial

Legal Issues

  1. 1 Whether European Patent (UK) No. 1 841 268 is invalid for obviousness, added matter, or insufficiency
  2. 2 Whether Nokia's devices infringe the 268 patent
  3. 3 Whether Nokia is entitled to declarations of non-infringement for certain devices

Ratio Decidendi

The 268 patent is not invalid for obviousness, added matter, or insufficiency. The modifications required to render the invention obvious over GSM/GPRS, IS-95, Farsta/Thomas, or common general knowledge were not ones the skilled person would make without invention. The patent as amended does not add matter. The specification is sufficient. Nokia's A1 and A2 devices infringe the patent; B-G devices do not infringe and Nokia is entitled to declarations of non-infringement for those devices. IPCom is not entitled to a declaration regarding UMTS compliance.

Court Disposition

Patent held valid and partially infringed; declarations of non-infringement granted for certain devices; IPCom's request for declaration on UMTS compliance refused.

Orders

  • 268 patent held valid and infringed by Nokia A1 and A2 devices
  • Declaration of non-infringement granted for Nokia B-G devices