Patents: the Difficulties of Designing Around a Patent: Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc #2
In Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2013] EWHC 3768 (Pat) (3 Dec 2013) the claimant sued the defendant telecommunications company for infringing two of its European patents: EP 2,259,495 adaptive DSL margin and band control using historical operational data ( "495" ); and EP 1,869,790 DSL state and line profile control ( "790" ). Mr Justice Birss held that 495 was valid but had not been infringed and that 790 was valid and had been infringed. Both sides appealed to the Court of Appeal. In Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2014] EWCA Civ 1462 (11 Nov 2014) the Court of Appeal allowed the claimant's appeal against the finding of non-infringement of 495 and dismissed the defendant's appeal against the finding of infringement of 790. Following Mr Justice Birss's judgment BT attempted a redesign by replacing loop software with an equation. BT...