- Court of Appeal limits Crown Use defence (IPCom v Vodafone)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: IPCom sued Vodafone for infringing its patent to telecommunications technology. The patent was to a method of controlling whether mobile devices can access base stations. The Court of Appeal upheld most of the decision, but overturned the first instance judge on the issue of Crown Use. The Court of Appeal held that authorisation from the Crown to perform an act does not provide a defence to patent infringement if the act authorised does not necessarily involve infringing the patent. Written by Giles Parsons, partner, and Jess Johnson, associate, at Browne Jacobson LLP.
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