Technetix BV et al v Teleste Limited [2019] EWHC 3106 (Pat)
Technetix alleged infringement of UK Patent No. EP (UK) No. 1 259 074 B8 entitled ‘Communication system comprising means for preventing intermodulation products’ by Teleste’s supply of telecommunications products to Virgin Media. The Patent teaches the use of a high-pass filter to improve the signal-to-noise ratio. It attenuates the transmission of frequencies below a cut-off frequency, the value of which will depend on the filter. The filter reflects back the energy of voltage peaks of signals below the cut-off frequency. Thereby, at least partially, it prevents the generation of intermodulation products.
Teleste counterclaimed for revocation, citing three pieces of prior art: (1) novelty over United States Patent No. 5,390,337 (‘Jelinek’), (2) a paper presented at a conference in May 2000 (‘Mothersdale’) and (iii) another paper published in May 1999 (‘Buie’).
Hacon HHJ heard the trial between 8-14 May 2019. The Judge held that the Patent would have been infringed, but that it was invalid in light of the prior art (and that a proposed conditional amendment failed to cure the invalidity and also added matter).
Hugo Cuddigan QC and Adam Gamsa appeared for Technetix, instructed by Haseltine Lake Kempner LLP