Meter-Tech Llc & Anor v British Gas Trading Ltd [2016] EWHC 2278
Meter-Tech was the exclusive licensee of a patent for a prepayment utility metering system. The patent concerned the method by which a remote, electronic, energy prepayment, can be routed to a particular prepayment utility meter in the home. Infringement was alleged against three existing British Gas ‘smart-metering’ systems (as to each of which, a defence of experimental use was raised) and against British Gas’s proposed implementation of the UK government’s smart-metering programme. Validity was challenged over five pieces of prior art and for added matter.
The court found infringement of all four prepayment systems, and each of the defences of experimental use failed. Whilst the added matter attack was unsuccessful, the patent was held to be invalid over the prior art.
Hugo Cuddigan QC and Christopher Hall appeared on behalf of the licensee, Meter-Tech, and the patentee, Vanclare.