R2 v Intel [2024] EWHC 1974 (Pat)
R2 is the proprietor of European Patent (UK) No. 3 376 653 (the “Patent”), which concerns over voltage spike protection of a switching converter. R2 alleges that Intel infringe the Patent by marketing chips, processors and other microelectronic devices containing certain fully integrated voltage regulators, “FIVRs”. Intel counterclaimed for revocation of the Patent on the grounds of lack of novelty and obviousness over a paper entitled “3D Power Delivery for Microprocessors and High-Performance ASICs” authored by Jian Sun and others (“Sun”). Sun was presented at a conference in Anaheim, California in 2007. Intel also alleged added matter and insufficiency.
Hacon HHJ heard the trial between 16 and 30 April 2024. The Judge decided that the Patent is invalid for obviousness over Sun. Had the Patent not been invalid, it would have been infringed as alleged.
Brian Nicholson KC and Adam Gamsa appeared for the Claimant, instructed by Herbert Smith Freehills LLP. Anna Edwards-Stuart KC appeared for the Defendants, instructed by Kirkland & Ellis International LLP.