James Abrahams KC represented the Defendants “Lenovo” in “Trial C” in proceedings brought by the Claimants “IDC”. The issue for trial was the novelty and obviousness of an IDC patent relating to a new trigger for the sending of scheduling information in HSUPA over a 3GPP technical specification and a prior patent. Although infringement and essentiality (to UMTS (3G) Standard) had not been at issue, this was complicated by IDC’s construction of a claim in their opening trial skeleton arguments, which they then eschewed.
Mellor J held that in this case a purposive construction required one which does not claim what was old. Furthermore, he held that routine work would not have identified the problem that the IDC patent was solving. Therefore, the patent is “one of those rare cases” where the invention includes identifying the problem. Mellor J held that the patent was valid and infringed.