Aerotel Ltd v Telco Holdings Ltd

Aerotel Ltd v Telco Holdings Ltd

The patent claims no more than a method of doing business, using known equipment in a conventional way, and is excluded from patentability under Article 52 EPC. There is no realistic prospect of Aerotel succeeding; the patent is invalid and must be revoked.

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
Outcome
patent revoked
Legal Topics
Patent Validity, Business Method Exclusion, Summary Judgment
Intellectual Property Patent Law Patent Validity Business Method Exclusion Summary Judgment

Case Brief

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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

Legal Issues

  1. 1 Whether the claimed invention is patentable under Article 52 of the European Patent Convention
  2. 2 Whether the patent constitutes a method of doing business excluded from patentability

Ratio Decidendi

The patent claims no more than a method of doing business, using known equipment in a conventional way, and is excluded from patentability under Article 52 EPC. There is no realistic prospect of Aerotel succeeding; the patent is invalid and must be revoked.

Court Disposition

patent revoked

Orders

  • Patent GB2171877 revoked for invalidity under Article 52 EPC