MMI Research Ltd v CellXion Ltd and Others
This is the second appeal in litigation that has come before Mr. Justice Floyd and the Court of Appeal on two occasions (see MMI Research Ltd v CellXion Ltd and Others [2009] Info TLR 35, [2009] EWHC 418 (Pat) (11 March 2009) and MMI Research Ltd v CellXion Ltd and Others [2011] EWHC 426 (Pat) (7 March 2011). At the first trial the judge held that the patent in suit was valid and that it had been infringed. The defendants appealed to the Court of Appeal on the basis of new evidence. Lords Justices Jacob and Kitchin allowed the appeal and ordered a new trial. At the second trial the judge considered the new evidence but held that it made no difference to his decision. The Invention The invention was a device that facilitates the detection of mobile phone numbers. It is used by police forces and security services to monitor the movements of suspected wrongdoers. It works by fooling the suspect's mobile into releasing a unique identifier known as an "IMSI". ...