||All England Reporter
|| All ER (D) 181 (Jan)
|| EWCA Civ 7
||Court of Appeal, Civil Division
Elias, Kitchin LJJ and Sir Robin Jacob
||Martin Howe QC and Henry Ward (instructed by Charles Russell LLP) for the claimant.
||Alastair Wilson QC and Simon Malynicz (instructed by Addleshaw Goddard LLP)for the defendants.
||24 January 2012
Patent - Infringement - Validity of patent - Novelty - Obviousness - New evidence - Claimant being successful in infringement action against defendants - Defendants given permission to adduce new evidence - Rehearing on basis of fresh evidence - Patent held to be valid - Defendants appealing - Whether patent invalid for lack of novelty or obviousness.
Patent Infringement. The Court of Appeal, Civil Division held, inter alia, that the claimant company's patent for 'IMSI catchers'; devices used by the police and security services to discover the mobile phone numbers of suspected criminals or terrorists was invalid for obviousness over an article called 'Fox'.
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