by Naomi Hazenberg and Olivia Henry The Court of Appeal has handed down judgment in IPCom v HTC ([2017] EWCA Civ 90), the latest instalment of the long running UK litigation on European Patent (UK) 1 841 268. Floyd LJ, writing the leading judgment, allowed IPCom’s appeal and dismissed HTC’s cross-appeal finding the patent (as…

By ruling of 21 February 2014, the Court of Turin decided a case between the US corporation Rovi and a number of Italian consumers electronics manufacturers. These had produced / imported set-top-boxes equipped with Electronic Programme Guides (EPG) that allegedly made use of the Rovi EPG patents, although without being covered by the Rovi licensing scheme….

An amendment of independent patent claim 1 during prosecution introduced a new feature. According to the Examining Division this led to the combinations of features of dependent claims 2-4 to extend beyond the disclosure of the application as filed (Art. 123(2) EPC). The Board of Appeal held that the focus of the Examining Division was…

The Board of Appeal ruled that color figures contained in the application when filed could be used as a basis for amendments. The board had to deal with the problem that no original copy of the color figures was available to the board. Therefore, the board considered it appropriate to compare sets of copies of…

When seeking to improve a data structure prescribed in an international standard, the skilled person would consider mechanisms already described in the standard when solving the identified technical problem. If the standard provides a manageable number of possible solutions, each having specific advantages and disadvantages, this provides an incentive to take each of the solutions…

The German Federal Court of Justice recently issued a decision entitled ‘E-Mail via SMS’, November 22, 2011, X ZR 58/10, in which it was found that when seeking to improve a data structure prescribed in an international standard, a skilled person would consider mechanisms already described in the standard when solving the identified technical problem….

The German Federal Court of Justice (BGH) recently further confirmed the basic tendency of bringing national case law into line with that of the European Patent Office. In the decision “Wiedergabe topographischer Informationen” (Reproduction of topographical information)BGH.Wiedergabe.topografischer.Informationen.X.ZR.47-07, the Federal Court of Justice had to deal with a method and device for the perspective display of…

The Enlarged Board of Appeal answered the question referred to it by the Board of Appeal in J 2/08. The Enlarged Board of Appeal held that after a decision to refuse a European patent application, the application remains pending, in the sense that a divisional application can be validly filed, until the expiry of the…

The G3/08 opinion concerns the long-awaited view of the Enlarged Board of Appeal (EBoA) on the patentability of computer programs. The EBoA examined various issues regarding Article 112(1)(b) EPC. The EBoA held that positions taken in T1173/97 and T424/03 were clearly contradictory on the question whether it makes a difference whether a computer program is…

The appellant in this case filed a statement of grounds against the decision of the examining division to refuse a patent application. For the main request this statement only stated that it was believed that the application met the requirements of the European Patent Convention and maintained the arguments presented in the examination procedure. For…