Motorolas’ appeal against validity of patent in favour of Microsoft
Before: Lord Justice Jackson and Lord Justice Kitchin
Between:
Claimant/Respondent
Microsoft Corporation
and
Defendant/Appellant
Motorola Mobility LLC
Between:
Part 20 Claimants/Respondents
(1) Motorola Mobility LLC
(2) Motorola Mobility International Limited
and
Part 20 Defendants/Appellants
(1) Microsoft Corporation
(2) Microsoft Luxembourg S.A.R.L
(3) Microsoft Ireland Operations Limited
Citation Number [2013] EWCA Civ 1613
Judgment Date: 11 December 2013
Facts
This case was appealed from the order of ArnoldJ dated 25 January 2013 revoking a European patent relating to the synchronisation of multiple mobile devices, specifically status synchronisation as distinct from, for example, synchronisation of the content of a message, and dismissing the claim of the appellants Motorola for patent infringement. ArnoldJ held that the claims of the patent were invalid for lack of novelty over prior art or for obviousness over the common general knowledge of paging or prior art or, in some cases, for both lack of novelty and obviousness. He further held that, if contrary to his conclusions, the patent was valid, Microsoft had a defence by virtue of a licence agreement with Google Inc. Motorola appealed contending that the Judge was wrong in his interpretation of the patent, prior art and the Google licence. Motorola’s appeal was dismissed.