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Reports of Patent, Design and Trade Mark Cases 2006 123(16):517-566; doi:10.1093/rpc/2006rpc20
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© Crown Copyright

[2006] R.P.C. 20

INPRO LICENSING SARL'S PATENT (APPLICATION FOR REVOCATION BY RESEARCH IN MOTION UK LTD)

Patents Court

(Pumfrey J.): November 25 to December 5 and December 19–20, 2005 and February 2, 2006

[2006] EWHC 70 (Pat); [2006] R.P.C. 20

Patent—Computer programs—Accessing internet by mobile computer through proxy-server—BlackBerry system—Infringement—Novelty—Inventive step—Whether subject matter excluded from patentability—Amendment—Whether proposed claims disclosed additional matter—Construction of claims—Questions of whether word or phrase X covered Y dealt with as they arose—"Match"—"TCP/IP format"—Patent not excluded from patentability but invalid for anticipation and obviousness although would have been infringed if valid.

Practice—Streamlined procedure—Relevance of commercial importance—No presumption that once a party had proposed the use of the streamlined procedure that procedure would be used in the absence of a convincing objection from the other—Expert witness—Duty to preserve independence and assist the court objectively—Expert's general knowledge provided framework to read himself into the state of the art if he lacked expertise in particular area.

Key Words: Amendments • European patents • Infringement • Inventive step • Microcomputers • Novelty • Patentability • Software • Validity


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