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2013.02.13 Particulars of Infringement [Stamped]

2013.02.13 Particulars of Infringement [Stamped]

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Published by TechCrunch
part 2 of google bt lawsuit in the UK
part 2 of google bt lawsuit in the UK

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Published by: TechCrunch on Feb 14, 2013
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03/22/2013

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IN THE HIGH COURT OF JUSTICkCHANCERY DIVISIONPATENTS COURT
BE
TW
E E
N:
13
FEB
lUlj
MOTOROLA MOBILITY LLC
!
I
J
(a
company incorporated in the state
of
Delaware, USA)
-
and-
BRITISH TELECOMMUNICATIONS PLCPARTICULARS OF INFRINGEMENT
Claimant
Defendant
The following are the Particulars
of
Infringement referred to
in
the Particulars
of
Claimserved herewith_and upon which the Claimant relies. Herein the Claimant will use the sameabbreviations adopted
in
the Particulars of Claim.
1,
Prior to the issue
of
proceedings herein, and subsequent to the date.of the publication
of
the application for the Patent, the Defendant has offered for sale and/or supply, and/orhas sold and/or supplied
in
the United Kingdom, and continues to do so, TV services andrelated products comprising:(a) the YouView set-top box (the
"YouView
STB") and the BT Vision+ set-top box(the
"BTVision+
STB") (together the"STBs");and/or(b) the BT Vision on-demand content distribution service offered and provided tosubscribers for use with the STBs (whether,
in
the case of the YouView STB,said STB
is
supplied by the Defendant or a third party) (the"BT
Vision
Service").
1093546
 
2.
The Defendant has supplied and/or offered to supply
in
the United Kingdom the BTVision Service and STBs
inter alia
as follows:
(a)
The Defendant operates the websitehttp://www.bt.com(the
"Defendant's
website"). The'bt.com' domain name and the 'BT Vision' trade mark areregistered to the Defendant;
(b)
The 'TV' section of the Defendant's website, including the pageshttp://www.productsandservices.
bt.
c
om
/p
ro
ducts/tv. http://www.productsandservices.b
t.
com/products/tv/
on
-demand. andhttp://www.productsandservices.
bt.
com/pr
od
ucts/tv/bt-
vi
sion-with-sport, images
of
which are at Annexes
A,
Band
C respectively, describes services andproducts offered and provided
by
the Defendant, including
inter alia
the BTVision Service and the STBs;(c) The pages of the Defendant's website entitled "TV Packages"(http://www.productsandservices.bt.com/prod ucts/tvyouview-packagesand http://www.productsandserv
ic
es.bt.com/pr
od
ucts/tv/bt-vision
-s
ports-packages
),
images of which are at Annexes D and
E,
list a number of
TV
packages including
-
the BT Vision Service and permit the user to place
an
order to purchase apackage (which can include the supply of a STB);
(d)
The BT Vision user manuals available for download from the Defendant'swebsite carry the copyright notice "© British Telecommunications plc";see forexample the last page
of
the "Welcome to BT Vision" user manual, a copy ofwhich is at Annex
F,
available to download athttp://
bt.
custhelp.com/ci/fattach/ge
tl
2733259
/1
350465927 redirec
tl1
.3.Prior to the issue of the proceedings herein, and subsequent to the date
of
thepublication
of
the application for the Patent, the Defendant has thereby infringed andthreatens to infringe the Patent, by doing and/or threatening to do the following acts inthe United Kingdom whilst the Patent
isin
force without the consent of the Claimantnamely:
(a)
offering a process for use
in
the United Kingdom
in
accordance with at leastclaim 1
of
the Patent when the Defendant knows, or it
is
obvious to a reasonable
2
625331
 
person
in
the circumstances, that its use there without the consent of theproprietor would
be
an
infringement of the Patent;
(b)
disposing of and/or offering to dispose of a security apparatus of claim
17
of thePatent;
(c)
supplying and/or offering to supply
in
the United Kingdom a person (other than alicensee or other person entitled to work the invention) with means, relating to
an
essential element of the invention of
at
least claim 1
and
claim
17
ofthe
Patent,for putting the invention into effect, when the Defendant knows (or
it
is
obvious toa reasonable person
in
the circumstances) that those means
are
suitable forputting, and are intended to
put,
the invention into effect
in
the United Kingdom.
Particulars
of
Knowledge
4.
Pending disclosure and/or further information, the Claimant will rely
on
the following:
(a)
the fact that the Defendant
has
been involved
in
the development of the productsand servicescomplained of and
is
aware of the technical characteristics,functionality
and
mode of operation of the said products
and
services;
(b)
the application for the Patent was published
on
4 April 2001;
(c)
further, the Defendant ought
to
have been aware of the application for the Patentfrom the date of its publication.The technical field of the Patent
is
one
in
whichthe Defendant operates
and
is
well known to
be
one
in
which patents are of greatimportance. As part of theirusual practice, a reasonable person operating
in
thatfield would routinely make themselves aware of relevant patents held by thirdparties, including the Patent;
and(d)
matters coming to the attention of the Defendant
in
the course of theseproceedings.
5.
Pending disclosure, provision of further information, inspection and/or cross-examination,the Claimant
is
currently unable to particularise each and everyone of the Defendant's
"
.
acts of infringement but will seek relief
in
respect of each
and
every such
act.
625331
ANDREW LYKIARDOPOULOSPOWELL GILBERT LLP
3

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