Decision

In Conversant Wireless v Huawei, while a jurisdictional challenge is pending, the technical trials have proceeded. The first was held in June 2019, with the patent in suit being found to be essential but invalid. The second was held in October 2019.

Three patents were the subject of the later hearing, a parent (EP (UK) 1,878,177) and two divisionals (EP (UK) 3,267,722 and EP (UK) 3,197,206. Each was directed to having a fixed allocation of resources on a shared telecommunications data channel (for example HS-DSCH), or to having messages on the data channel without messages on a shared control channel (for example HS-SCCH), in the context of Voice Over IP.

At the Case Management Conference, Conversant Wireless was directed to rely on a maximum of nine independently valid claims only. It focussed on claims 19, 20, and 35 (as proposed to be amended unconditionally) of EP ‘177, claims 2, 3, 13 and 14 (as proposed to be amended unconditionally) of EP ‘722 and claim 1 (as granted) for EP ‘206.

Conversant Wireless contended that the relevant claims in EP ‘177 and EP ‘722 were essential to the LTE standard insofar as they related to a feature called semi persistent scheduling. This related to all versions of LTE release 8 and onwards of the 3GPP technical specifications TS 36.321, TS 36.213 and TS36.331. EP ‘206 was said to be essential to the feature known as HS-SCCH-less operation in UMTS from release 7 onwards. In particular, this related to 3GPP technical specifications TS 25.331, TS 25.212 and TS 25.214.

Of these, claims 20 and 35 of EP ‘177 and claims 3 and 13 of EP ‘722 were found to be valid and essential. Claim 19 of EP ‘177, claim 2 of EP ‘722 and claim 1 of EP ‘206 were held to be anticipated. Claim 14 of EP ‘722 was found not to be essential.

Related cases

• Huawei Technologies Co, Ltd v Conversant Wireless Licensing S.A.R.L. [2019] EWCA Civ 38 (30 January 2019): http://www.bailii.org/ew/cases/EWCA/Civ/2019/38.html
• Conversant Wireless Licensing SARL v Huawei Technologies Co., Ltd & Ors [2019] EWHC 1687 (Pat) (04 July 2019): http://www.bailii.org/ew/cases/EWHC/Patents/2019/1687.html