IPCom Gmbh & Co Kg v HTC Europe Co. Ltd & others, UK, High Court (Patents Court), Birss J, 24 April 2105
Birss J’s decision in IP Com v HTC is the latest decision in the on-going dispute between IPCom, Nokia and HTC. Previously Nokia and IPCom had been involved in litigation involving EP 1 186 189, a patent which Floyd J (as he then was) found to be invalid ( EWHC 3482 (Pat)), a decision which was upheld on appeal ( EWCA Civ 6).
The present case concerned EP 1 841 268 which was based on a divisional application of the EP’189 patent previously litigated by Nokia and IPCom. In 2011, this divisional patent EP’268 was found by Floyd J to be valid in an amended form and infringed ( EWHC 1470 (Pat)), another judgement which was upheld on appeal ( EWCA Civ 567).