Aerotel Ltd v Telco Holdings Ltd [2006] EWHC 997 (Pat) (03 May 2006)

Aerotel Ltd v Telco Holdings Ltd [2006] EWHC 997 (Pat) (03 May 2006)

The patent claims no more than a method of doing business, implemented using known equipment, and does not disclose any new technical contribution. Therefore, it is excluded from patentability under Article 52(2) EPC and must be revoked.

Source-derived case information.

Citation
[2006] EWHC 997 (Pat)
Parties
Claimant: Aerotel Limited; Defendant: Telco Holdings Limited; Defendant: Telco Global Distribution Limited; Defendant: Telco Global Limited
Jurisdiction
England and Wales
Judgment Date
03 May 2006
Procedural Posture
Patent Infringement and Revocation / Summary Judgment Application
Outcome
Patent revoked
Legal Topics
Patent Validity, Business Method Exclusions, Summary Judgment, European Patent Convention Article 52
Intellectual Property Patent Law Patent Validity Business Method Exclusions Summary Judgment European Patent Convention Article 52

Source-derived case record

Summary, issues, holding and outcome

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Parties

Aerotel Limited

Claimant

Telco Holdings Limited

Defendant

Telco Global Distribution Limited

Defendant

Telco Global Limited

Defendant

Procedural Posture

Patent Infringement and Revocation / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimed invention is excluded from patentability as a method for doing business under Article 52 of the European Patent Convention
  2. 2 Whether the patent discloses any technical contribution beyond a business method

Ratio Decidendi

The patent claims no more than a method of doing business, implemented using known equipment, and does not disclose any new technical contribution. Therefore, it is excluded from patentability under Article 52(2) EPC and must be revoked.

Court Disposition

Patent revoked

Orders

  • Patent GB2171877 revoked on grounds of invalidity as a business method