High Court grants summary judgment of invalidity for prepayment telephone-calling patent

The High Court has granted summary judgment of invalidity and revoked a patent for a system for making telephone calls using prepayments. Applying the principles set out in CFPH LLC's Application [2005] EWHC 1589 (Pat) (see Legal update, UK Patent Office should follow EPO approach to technical effect) and Shopalotto.com Limited's Application [2005] EWHC 2416 (Pat) (see Legal update, High Court holds online lotto game not patentable), Lewison J found that the only possible area of contribution by the patent to the art was a method of doing business and that, accordingly, the claimant had no realistic prospect of succeeding on this part of the case.
Case: Aerotel Limited v Telco Holdings Limited and others [2006] EWHC 997(Pat), 3 May 2006. The transcript of this case is reproduced with the kind permission of Marten Walsh Cherer Limited.

NOTE: On 27 October 2006, Aerotel's appeal was allowed (see Legal update, Court of Appeal reviews approach to patentability of software and business methods). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.)

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