NPE granted appeal in HTC patent infringement case
Judges at the English Court of Appeal have granted a non-practising entity’s (NPE) appeal against HTC.
In April 2015, Judge Colin Birss of the English High Court ruled that European patent (UK) number 1,841,268, owned by IPCom, was valid in an amended form but not infringed by HTC’s smartphones.
The appeal, filed by IPCom, raised points on construction and infringement.
IPCom had sought to amend its patent, but HTC argued that if IPCom’s construction was accepted, the patent would be invalid.
HTC also argued that the effect of the amendments is to “prevent HTC mobiles from being an infringement of the patent and that the patent is no longer essential” to the Universal Mobile Telecommunications System (UMTS) standard.
The UMTS standard is a third-generation cellular system for networks based on the Global System for Mobile communication standard.
In the Court of Appeal opinion, Lord Justices Floyd, Kitchin and Longmore granted IPCom’s appeal and dismissed HTC’s cross-appeal.
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