Sycurio v PCI-Pal [2023] EWHC 2361 (Pat)
This was the trial of a claim for infringement of a patent relating to the secure processing of payments by telephone calls to a call centre. The patent was addressed to a method for reducing fraud by blocking data signals relating to the payment whilst maintaining voice communication between the user and the call centre agent. The Defendants’ card payment system was alleged to infringe either on purposive construction or under the doctrine of equivalents.
The Defendants denied infringement and raised a Gillette/Formstein defence. They counterclaimed for invalidity on the basis that the Patent was obvious over three additional prior art citations (two patents and one press release).
The judgment discusses the composition of the Skilled Team and claim construction. The court held the patent obvious over the prior art patents and not infringed. The claimants propose to seek permission to appeal from these findings.
Michael Silverleaf KC and Kyra Nezami instructed by Michelmores LLP appeared for the Claimant.
Edward Cronan instructed by Shepherd and Wedderburn LLP appeared for the Defendants.