Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2014] EWCA Civ 1462
This was an appeal in a patent infringement action brought by ASSIA, a US corporation specialising in ADSL broadband technology, against BT in relation to the Dynamic Line Management System which controls their broadband services in the United Kingdom. At first instance, Birss J held that BT infringed one of ASSIA’s patents (the 790 patent) in the operation of its ‘Infinity’ broadband service. He held that another of ASSIA’s patents (the 495 patent) was not infringed. On appeal, in a judgment handed down on 11 November 2014, Floyd LJ, Patten LJ and Sir Stanley Burnton upheld the judgment on infringement of the 790 patent. They further held that, contrary to the Judge’s finding, the 495 patent was infringed as well. Iain Purvis QC appeared for ASSIA. Hugo Cuddigan appeared for BT