Unwired Planet International Ltd v Huawei Technologies Co Ltd & Ors [2016] EWHC 94 (Pat) Trial B
This was the second technical trial in the mobile telecommunications patent case between Unwired Planet and Huawei & Samsung, concerning Unwired Planet’s patent portfolio, most of which it had obtained from Ericsson.
Unwired Planet alleged that two of its patents relating to the self-configuration and optimisation of cell neighbours in wireless telecoms networks had been infringed by the sale in the UK of every Huawei and Samsung 4G mobile device. Both the patents had been declared essential to the LTE 4G telecommunications system and Unwired Planet contended that the Automatic Neighbour Relations functionality provided by the LTE standard necessarily meant that each 4G device infringed both of their patents. Samsung and Huawei challenged the validity of the patents.
The patents were also under opposition in the EPO, and Unwired Planet had filed 34 auxiliary requests in respect of both patents there. In light of that and following Samsung’s application in March 2015 the Court ordered Unwired Planet to identify by May 2015 any amendments which it would seek at this trial, ([2015] EWHC 1039 & [2015] EWHC 1198 (Pat)). As a result at the trial Unwired Planet sought to defend the patents on the basis of two unconditional amendments and three conditional amendments and asserted that some 19 claims were independently valid and infringed.
Birss J held that each of the claims of both patents whether unconditionally or conditionally proposed to be amended by Unwired Planet was obvious in light of a technical proposal which had been submitted by Qualcomm to the relevant 3GPP working group prior to the priority date. Birss J also held that one of the subsidiary claims of the proposed amendments would have been refused for lack of clarity in any event.
Mark Vanhegan QC instructed by Bristows LLP appeared for Samsung.