The Court of Appeal upheld the first instance decision that the patent in suit lacked novelty and inventive step over the prior art. The Court confirmed, following Halliburton v Smith, that despite the fact the parties had reached a confidential settlement and Sony was not involved in the appeal, it was necessary to hear the appeal on its merits as it would not be right to restore a patent which had been held invalid by the court below unless that decision had been shown to be wrong.
Case date: 11 October 2018
Case number: [2018] EWCA Civ 2237
Court: Court of Appeal of England and Wales, Civil Division
A full summary of this case has been published on Kluwer IP Law.
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