Nokia GmbH v Ipcom GmbH & Co KG

Nokia GmbH v Ipcom GmbH & Co KG

The claims as granted and main amended claims are invalid for lack of novelty and inventive step over DECT, Ojaniemi, and PACS. The first auxiliary amendment adds subject matter and is not allowable. The second auxiliary amendment is allowable subject to removal of identified passages. None of the claims are essential to UMTS, GSM, or LTE standards.

Parties
Claimant: Nokia GmbH; Defendant: IPCom GmbH & Co. KG
Jurisdiction
England and Wales
Judgment Date
20 February 2012
Procedural Posture
Patent Revocation and Amendment / Judgment After Hearing
Outcome
Patent as granted and main amended claims invalid; first auxiliary amendment not allowed; second auxiliary amendment allowed subject to further amendment; declarations of inessentiality granted.
Legal Topics
Patent Validity, Patent Amendment, Added Matter, Novelty, Obviousness, Essentiality to Standards
Intellectual Property Patent Law Patent Validity Patent Amendment Added Matter Novelty Obviousness Essentiality to Standards

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Parties

Nokia GmbH

Claimant

IPCom GmbH & Co. KG

Defendant

Procedural Posture

Patent Revocation and Amendment / Judgment After Hearing

Legal Issues

  1. 1 Validity of European Patent (UK) No. 1 018 849
  2. 2 Allowability of proposed amendments
  3. 3 Added matter in amendments

Ratio Decidendi

The claims as granted and main amended claims are invalid for lack of novelty and inventive step over DECT, Ojaniemi, and PACS. The first auxiliary amendment adds subject matter and is not allowable. The second auxiliary amendment is allowable subject to removal of identified passages. None of the claims are essential to UMTS, GSM, or LTE standards.

Court Disposition

Patent as granted and main amended claims invalid; first auxiliary amendment not allowed; second auxiliary amendment allowed subject to further amendment; declarations of inessentiality granted.

Orders

  • Patent not amended as per main and first auxiliary applications.
  • Second auxiliary amendment allowed subject to removal of specified passages.