| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 181 (Jan) |
| Neutral Citation: | [2012] EWCA Civ 7 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Elias, Kitchin LJJ and Sir Robin Jacob |
| Representation | 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. | |
| Judgment Dates: | 24 January 2012 |
Catchwords
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.
The Case
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'.
Practice Areas
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