Adaptive Spectrum and Signal Alignment Inc. v British Telecommunications PLC, Court of Appeal, London, UK, 11 November 2014, Patten LJ, Floyd LJ, Sir Stanley Burnton
In its judgment of 11 November 2014, the Court of Appeal dismissed BT’s appeal against a decision of Birss J that ASSIA’s patent EP(UK) 1 869 790 (’790) was both valid and infringed. The Court of Appeal also allowed ASSIA’s appeal against the decision of Birss J that claim 1 of ASSIA’s second patent, EP(UK) 2 259 495 (’495) was valid but not infringed, and substituted a finding of infringement of claim 6 of the 495 patent.
The contested patents both involve ADSL-technology, specifically the modems used to communicate between the customer’s router and the central office in the network. The ’790 patent related to managing line profiles in a DSL system and claimed, inter alia, a profile state transition matrix (PSTM) which assigns priority to line profiles for transmission based on data collected during the operation of the line profile. The ’495 patent related to a controller within the network which collects data from modem pairs, analyses that data and then sets the operation margins for the modem pair.