Headwater v Samsung (UPC_CFI_349/2025)
Decision date:
01 August 2025
Osborne Clarke summary
- Headwater filed another infringement action against Samsung this time in the Munich LD, arguing that its patent relating to "verifiable device assisted service policy implementation" was infringed by mobile devices with an operating system of Android 7 or higher. In turn, Samsung filed a revocation action on the basis of lack of novelty, lack of entitlement and added matter.
- The technology involves data saving functionality, which had been a key element of Samsung's products including its 'Galaxy S' range of smartphones and tablets. The patent claims a wireless end-user device which seeks to address the problem of providing more refined service plan offerings to consumers while ensuring efficient management of network capacity.
- In considering added matter, the court applied the standard set out by the Court of Appeal in Abbott v Sibio. On this basis, the Munich LD found that the patent was invalid for added matter. The patent as filed included verifiability as an integral part of the invention, whereas the patent as granted did not include this feature. In addition, several other features were not disclosed in the patent as filed, nor were the combination of such features.
- Consequently, the Munich LD revoked the patent and Headwater's infringement action was dismissed.
Issue
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