UK – HTC Corporation v. Yozmot 33 Limited

Posted: April 21st, 2010

HTC Corporation v. Yozmot 33 Limited, Patents Court, Chancery Division, High Court of Justice, London, UK, 20 April 2010, [2010] EWHC 786 (Pat)

The Patents Court has held Yozmot’s patent EP (UK) 0 909 499 to be partially valid.

Yozmot’s patent concerned a boosted loudspeaker for a mobile telephone. Yozmot alleged infringement of claims 1,2, 5 and 6 of the patent in respect of a number of HTC’s mobile phones and asserted claims 5, 6 and 7 as being independently valid. HTC alleged that the patent was invalid for lack of novelty, obviousness, insufficiency, added matter and unpatentable subject matter.

Mr Justice Arnold held claims 1, 5 and 6 to be invalid for lack of novelty and obviousness. The allegations of insufficiency, added matter and unpatentable subject matter failed and so claim 7 was held to be valid. Mr Justice Arnold held that if claims 1, 5 and 6 were valid, they would have been infringed by HTC.

Read the judgment (in English) here.

One Response

  1. Adam Cooke says:

    Yozmot’s patent relates to customised ringtones for telephones sounded through a “boosted loudspeaker”. HTC sued for revocation of the patent and Yozmot counterclaimed for infringement. The patent has 18 claims however by the time of trial, Yozmot contended that only four, namely claims 1, 5, 6 and 7, were independently valid. The court held all these claims invalid except for dependent claim 7, which was not alleged to be infringed. Yozmot also conditionally applied to amend the patent. The court therefore considered both the claims of the patent as granted and as proposed to be amended. It concluded however that claims 1, 5 and 6 as proposed to be amended were also invalid.

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