Promptu v Sky [2021] EWHC 2021 (Pat)
In these proceedings the claimant (Promptu) alleged infringement of EP(UK) 1,290,889 (“the Patent”) by the defendants (“Sky”). The Patent is concerned with the voice control of television set-top boxes, and Promptu alleged Sky’s dealings in the “Sky Q” set-top television box and operation of the associated backend system to constitute infringement. Sky denied this, asserting the patent to be addressed solely to the operation of traditional cable television systems and thus to exclude the Sky Q system, which obtains content and communicates with Sky’s servers over the public Internet. Sky counterclaimed for a declaration of invalidity on the basis that the Patent lacked novelty and/or inventive step and/or was bad for added matter.
Following a four-day trial in June 2021, Meade J held the patent in suit to have been invalid for lack of inventive step, but not added matter. Had it been valid, it would have been infringed.
Hugo Cuddigan QC and David Ivison acted for Promptu.