IPCom v Vodafone [2020] EWHC 132 (Pat)
IPCom alleged infringement of EP(UK) 2, 579, 666 B1, which is entitled “Allocation of access rights for a telecommunications channel to subscriber stations of the telecommunications network”. The Patent is part of the same family as EP (UK) 1, 841, 268, which has been extensively litigated in the United Kingdom, and which has been found to be both valid and essential to the 3G (UMTS) mobile phone standard. IPCom alleged infringement of the patent by Vodafone’s 4G system. The Patent teaches an access control system in which the proportion of privileged users that are granted bypass access can be changed dynamically by way of access class information broadcast by the network, and the proportion of the remaining users who will successfully gain access using the threshold evaluation can be controlled by way of the access threshold value broadcast by the network. This system combines the flexibility of a threshold with a bypass mechanism so that “high priority mobiles” in privileged user classes can gain direct access to RACH and escape the constraint of the threshold.
Vodafone’s non-infringement arguments included two uncommon defences: Crown use pursuant to section 55 of the Patents Act 1977, and that any infringement was de minimis. Vodafone also counterclaimed for revocation, over a combination of GSM/GPRS and IS-95, each of which formed part of the common general knowledge of the skilled addressee.
Recorder Campbell QC heard the expedited trial between 19-28 November 2019. The Judge held that the Patent was valid (as amended) and infringed (pursuant to the doctrine of equivalents), save in respect of use falling within the Crown use exemption by reason of the Mobile Telecommunications Privileged Access Scheme (”MTPAS”). MTPAS provides privileged access to mobile phone networks to organisations involved in responding to an “Emergency” as defined in the Civil Contingencies Act 1994.
Brian Nicholson QC and Adam Gamsa appeared for IPCom, instructed by Bristows LLP