- High Court holds patent is essential but invalid for added matter (Conversant v Huawei)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: The High Court has held that a patent owned by Conversant Wireless Licensing SARL relating to 3G mobile phone transmission technology is essential and would have been infringed by Huawei Technologies Co, Ltd and the other defendants marketing 3G products without a FRAND licence if valid, but, ultimately, held it to be invalid due to added matter that could not later be cured by amending the claims. Mr Justice Arnold examined in detail the application of the legal tests for essentiality, added matter, obviousness and infringement by equivalency as they applied to the specifics of 3G mobile technology.
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