Unwired Planet International Ltd v Huawei Technologies Ltd, Samsung Electronics Co Ltd and others [2016] EWHC 94 (Pat)

29 January 2016

Members of chambers appeared in the second of five technical trials (Trial B) in this mobile telecommunications patent action. Trial B involved two patents, EP 2 119 287 and EP 2 485 514, both of which concerned a scheme relating to the updating of neighbour cell lists.

Deciding the case in favour of Huawei and Samsung, Birss J found that both patents were invalid for obviousness over the prior art “Qualcomm” and would be revoked. The patents were not found to be obvious over common general knowledge alone. Birss J also rejected Huawei and Samsung’s arguments that the patents were invalid for insufficiency, added matter and clarity. The Judge held that, were the Patents valid, they would be essential to the relevant part of the LTE standard.

Richard Meade QC, Isabel Jamal and Jaani Riordan, instructed by EIP Europe, appeared for Unwired Planet.
Daniel Alexander QC and James Abrahams, instructed by Powell Gilbert, appeared for Huawei.