- Infringement of essential patents embedded in telecommunications patents (Koninklijke Philips NV v Austek Computer Incorporation)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: In this case the court upheld a claim brought by Philips, the owner of certain patents embedded in the UMTS mobile telecommunications standard against the sellers of HSPA-compatible mobile phones, for infringement of Philips' patents. The defendants unsuccessfully sought to resist the claim on the basis (a) that the patents were not essential to the relevant release of the standard, and (b) that, in any event, the patent was invalid for obviousness. The court rejected these defences and upheld Philips' claims. Although the case was very much decided on its own facts, a number of broader lessons can be learned from it. Written by Iain G. Mitchell QC (Scotland), barrister at Tanfield Chambers.
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