SSH Communications Security Corporation v Sony Mobile Communications AB & Ors [2018] EWCA Civ 2237 (11 October 2018)
The Court of Appeal held that the NAT Minutes and Guidelines, read together, clearly and unmistakeably disclosed the method of maintaining NAT mappings by sending keepalive packets before timeout, as claimed in claim 1. The additional feature of claim 3 was not disclosed but was obvious to the skilled person. The deputy judge made no error in law or fact, and the patent claims lacked novelty or were obvious over the prior art.
- Citation
- [2018] EWCA Civ 2237
- Parties
- Appellant: SSH Communications Security Corporation; Respondents: Sony Mobile Communications AB and others
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2018
- Procedural Posture
- Patent Appeal / Appeal From High Court (patents Court) to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Patent Validity, Novelty, Obviousness, Network Address Translation (nat), Keepalive Packets, Internet Protocols
Case Brief
Summary, issues, holding and outcome
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Parties
SSH Communications Security Corporation
Appellant
Sony Mobile Communications AB and others
Respondents
Procedural Posture
Patent Appeal / Appeal From High Court (patents Court) to Court of Appeal
Legal Issues
- 1 Whether the patent claims are anticipated or rendered obvious by the NAT Minutes and Guidelines
- 2 Whether the deputy judge erred in his interpretation of the prior art and common general knowledge
- 3 Whether the invention as claimed was novel and involved an inventive step
Ratio Decidendi
The Court of Appeal held that the NAT Minutes and Guidelines, read together, clearly and unmistakeably disclosed the method of maintaining NAT mappings by sending keepalive packets before timeout, as claimed in claim 1. The additional feature of claim 3 was not disclosed but was obvious to the skilled person. The deputy judge made no error in law or fact, and the patent claims lacked novelty or were obvious over the prior art.
Court Disposition
Appeal dismissed
Full Case Text
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