Nullity Plaintiff still has a need for legal relief even after expiry of the patent as long as Patentee has not given up claims against customers of Plaintiff. A conventional personal computer with telephone functions does not render obvious to implement one of its features in a mobile phone.

A full summary of this case has been published on Kluwer IP Law.


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.


Kluwer IP Law

One comment

  1. Before everyone goes crazy with respect to the remark about inventive step, please read the ruling yourself. The patent in question is old and from a time when there were no smartphones. The FCJ also did not give the ruling a corresponding headnote(“Leitsatz”) and the present ruling is not a landmark decision but only deciding a very specific case.

Comments are closed.