Several High Court hearings have been held to determine this case. [1] [2] [3] [4] Concerning BT's infringement of Claims described in two European Patents. The Court referred to those two Patents as the '495 and the '790 Patents. Both Patents were filed and are owned by
Adaptive Spectrum and Signal Alignment, Inc (ASSIA) of Redwood, CA. [5] [6].
In his High Court ruling of December 2013, Mr Justice Birss found in favour of the claimant (ASSIA); that the defendant, British Telecom plc, had indeed infringed ASSIA's patent '790 concerning its DLM (Dynamic Line Management) invention.In particular the infringement arose from
BT's implementation of an apparent clone of
ASSIA's "
Profile State Transition Matrix" (PSTM). The PSTM is a software mechanism used in a
Finite State Machine of a DLM System to adaptively manage a DSL; moving the line between configuration profiles, according to loop conditions, both current and historic.
The use of a
Profile State Transition Matrix is described in
ASSIA's patent '790. [6]
BT appealed the December 2013 judgment. But late last month (Oct 2014) that appeal was dismissed. [3]
Further, the Court of Appeal found that
BT had also infringed
ASSIA's '495 patent. Consequently,
ASSIA was allowed to appeal the 2013 ruling over BT's alleged infringement of another Claim in that '495 patent.
In the most recent Court hearing,
BT sought to quash
ASSIA's interim award for damages of £250,000 per week. Calculated as 10% of BT's weekly revenues from its NGA products, and to be paid while the infringing DLM software remains in use. BT unsuccessfully argued that it was too early to quantify damages.
Not the finest moment for
Great Aunt Beatty.
[1]
http://www.bailii.org/ew/cases/EWHC/Patents/2013/3768.html (3 Dec 2013)
[2]
http://www.bailii.org/ew/cases/EWHC/Patents/2014/2730.html (22 Jul 2014)
[3]
http://www.bailii.org/ew/cases/EWCA/Civ/2014/1462.html (11 Nov 2014)
[4]
http://www.bailii.org/ew/cases/EWCA/Civ/2014/1513.html (21 Nov 2014)
[5]
http://www.google.com/patents/EP2259495A1 (filed Dec 2004)
[6]
http://www.google.com/patents/EP1869790B1 (filed Feb 2006)