Aerotel Ltd. v. Telco Holdings Ltd. and In the Matter of Macrossan
United Kingdom Supreme Court of Judicature, Court of Appeal (Civil Division)
[2006] EWCA (Civ) 1371, [2007] 1 All ER 225 (2006)
- Written by Rich Walter, JD
Facts
The United Kingdom (UK) was signatory to the European Patent Convention (EPC) and based its own patent law on the EPC. Aerotel Ltd. (plaintiff) successfully applied for an EPC patent to protect Aerotel’s new system for selling paid telephone calls. The system relied on equipment called a special exchange, which Aerotel specifically devised for this purpose. Otherwise, Aerotel’s system employed conventional telephone technology. Aerotel unsuccessfully sued Telco Holdings Ltd. (Telco) (defendant) for infringing Aerotel’s patent. Meanwhile, Neal Macrossan (plaintiff) applied for a UK patent to protect Macrossan’s new system for using standard interactive computer software to automate and expedite the process of incorporating a business. The UK patent office denied the patent. Macrossan unsuccessfully sued to overturn the patent office’s decision. The UK’s Supreme Court of Judicature, Court of Appeal (Civil Division) consolidated Aerotel’s and Macrossan’s appeals.
Rule of Law
Issue
Holding and Reasoning (Jacob, J.)
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