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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Research In Motion UK Ltd v Inpro Licensing SARL & Ors [2007] EWCA Civ 51 (07 February 2007) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2007/51.html Cite as: [2007] EWCA Civ 51 |
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THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION (PATENTS COURT)
The Hon Mr Justice Pumfrey
HC 05 CO1175
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE JACOB
and
LORD JUSTICE MOORE-BICK
____________________
![]() ![]() (a company incorporated under the laws of England and Wales) |
Claimant/ Respondent |
|
- and - |
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Inpro Licensing S.A.R.L. (a company incorporated ![]() ![]() -and- (1) ![]() ![]() (2) T-Mobile (UK) Limited |
Defendant/ Part 20 Claimant/ Appellant Part 20 Defendants/ Respondents |
____________________
WordWave International Ltd
A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
Tel No: 020 7421 4040 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
for Inpro Licensing S.A.R. L.
Antony Watson QC and Tom Hinchliffe (instructed by Messrs Lovells)
for Research in Motion
UK Limited and T-Mobile (UK) Limited
____________________
Crown Copyright ©
Lord Justice Jacob:
The expert witnesses
Obviousness on appeal
Obviousness – general principles
Background Technology
The Patent
The patent provides an elegant and convenient way to improve upon this trade-off, by making use of a proxy server to carry out much of the "heavy" computing when the portable computer is using the internet.
1. A computing system comprising:
a field computer (13) comprising a display having a specific size and resolution; and
a Proxy-Server (19) connected to the field computer by a data link (15), the Proxy-Server having an Internet port (37);
wherein the Proxy-Server (19) is adapted to access Internet servers (23) through the Internet port (37) directed by commands and data received from the field computer (13), to download data from the Internet servers (23) thus accessed, to transpose the downloaded data by reducing information density, and to transfer the transposed data to the field computer (13) via the data linkin
a TCP/IP format
characterisedin
that upon connection, the field computer (13) transfers to the Proxy-Server (19) information particular to specific characteristics of the field computer (13), including information identifying the specific size and resolution of the display of the field computer (13),
and wherein the Proxy-Server (19) downloads data comprising WEB pages and transposes the datain
reliance on such information to match the specific size and resolution of the display of the field computer (13).
1B. A computing system as claimedin
claim 1 wherein during transposition, HTML and image files are assembled into a single file for transfer to the field computer (13).
The Prior Art generally
Mowser
Since wireless networks do not have the data transmission speeds of wired networks, downloading large files over wireless networks will consume a longer time. Not only will it take longer to display large files, but it will also consume more battery power, reducing the time the mobile computer can be used. Web servers also have no notion of the resources available at the client's end, and blindly assume that the client is capable of properly displaying the data that it receives. For example, a user may follow a hyperlink to a sound file, on an X terminal [i.e. a terminal running an X server] which is not capable of playing sound. As a result, the Web server will consume time and network bandwidth to deliver a sound file that cannot be used by the client. While more and more workstation PCs are becoming multimedia-capable, the same is not true of mobile computers.
To overcome these problems, a smarter Web browsing application is needed. It must take into account the differences between a static and mobile host, and the quality of the network connection between the server and client. The objective is to let the user set his or her own preferences for optimal use.
So clearly the general idea of a proxy to do the work is disclosed by Mowser
Mowser … allows a mobile user to set his or her viewing preferences, based on the network connection and available resources.
Pausing there, this identifies exactly the two things that matter: the connection (how fast material can be downloaded) and the capabilities of the field computer.
a proxy server that serves files based on preferences and a caching server that stores the preferences for mobile hosts.
So the idea of storing characteristics of the mobile with the proxy is disclosed.
Mowser is based on the premise that, instead of blindly serving files to a client, a Web server should take into account the limits and preferences of the user's MH [mobile host]. Since currently available Web servers do not have this capability, we designed a proxy Web server that acts as a 'smart' server to the mobile host, and as a client to the rest of the world. All communication between the mobile host and the rest of the WWW is done through this server … Each mobile host's preferences are known to this server. … The preferences file contains information about the hardware capabilities of the MH, and its user preferences. The following information is stored for each MH:
Then different types of preference are set out. They include:
Text File Size- maximum size of text files that may be downloaded
Image File Size – Maximum allowed size for image files
Once the preferences are stored the proxy server starts the browsing session by loading the starting URL definedin
the preferences [i.e. a "home page"]. All HTTP GET requests from that point are handled by the proxy server. If a file requested by the MH does not meet the requirements described
in
the preferences, the proxy server can modify the file before sending it to the MH. ….. 'If a file does not meet the size requirement for its type, the proxy server will not send it to the MH. Files that cannot be properly displayed by the MH will not be sent either. A MH with no sound capabilities will not receive any sound files. If the MH has only monotone [sc. monophonic] sound capability, stereo sound files would be converted to [monophonic], before they are sent. Image files can be compressed by sacrificing quality without sacrificing semantics.
In
particular, the size of the image, and the number of colors can be reduced, resulting
in
a smaller image that conveys the same information. Whenever a file is modified by the proxy server, a URL will be provided to retrieve the original unmodified file, if the user so requires.
…
Our current implementation performs conversions on image files if they do not meet the user's preferences. Both GIF and JPEG format files are subject to this conversion. The preferences allow the user to choose between reduction by image size or by number of colors. If the user decides colors are more important than the image size, no color loss will occur during the conversion. The file size is compared to the maximum size permittedin
the preferences, and a scale factor is determined. The image file is then scaled down till it meets the size requirement.
I emphasise the passage also emphasised by the Judge.
Teaches:
- Use of standard HTTP protocol between proxy and field computer.
- Proxy server to transpose documents.
- Reduction of image size to either
- thumbnail of user-defined number of bytes (not pixels), or
- reduced colour depth.
Does not teach:
- Using screen size and resolution.
- Matching of images to screen size and resolution.
- Departing from HTTP
in
order to assemble HTML and image files into a single file to transfer to the field computer.
[159] Professor Handley was willing to seein
Mowser use of the Video Resolution preference (i.e. screen size) to reduce image files. He based himself on the passage quoted at [154]. He was adamant that Mowser was clearly contemplating image size reduction based on screen size
in
his cross-examination at transcript 719-722. The crucial point is that Mowser's general description (section 2) is more general than the implementation (section 3) and that the passage bridging the columns (italicised
in
[154]) plainly related to a principle, as he put it, 'not to send stuff that would not fit within that'.
The Judge went on to hold that there was no anticipation because:
[160] I do not think that size reduction based on display size is disclosed as a matter of language. Nor do I think it falls within the category of necessary inferences.
[161] I turn to the question of obviousness. If the paper immediately suggests to the skilled person that he can use size reduction to meet the display size then it renders claims 1 and 7 bad for obviousness.In
my judgment, Professor Handley's view on this is well thought out and convincing. I conclude that it does.
I am firmly of the view that the use of a single file, and the appropriate changes to the protocol between mobile and proxy, is entirely trivial. It saves on TCP/IP connections and is obvious to use for that reason.
the inventor has appreciated that you are no longer bound by the standard web protocols between hand-held and proxy and can generate this additional frequency thereby further saving on the processing and the battery life.
Pythia
Teaches:
- Use of standard HTTP protocol between proxy and field computer.
- Proxy server to transpose documents: demonstration version.
- Reduction of image size to user-defined thumbnail size.
- Preferences set by user and recorded by IP address.
Does not teach:
- Sending screen size and resolution.
- Matching of images to screen size and resolution.
- Departing from HTTP
in
order to assemble HTML and image files into a single file to transfer to the field computer.
Bartlett
[171] What worries me is whether this disclosure has, so to speak, been squeezed out of the document, not necessarily with hindsight but with too much effort.
And
[178] I am conscious that this decision on Bartlett may be thought surprising, given the brevity of the document, and the omission from the system actually described of any references to images.
So it is particularly appropriate here to remind oneself that it is not the function of the Court of Appeal to go through the same weighing exercise with a view to coming to a different conclusion.
Teaches:
- Proof of concept of browsing text using cellphone/small PDA and proxy.
- Proxy server which formats web page text
in
a videotext environment.
- Use of some non-HTTP protocol between the proxy and the field computer.
Does not teach:
- Sending screen size/resolution (unless clearly and unambiguously derivable from Fig.1).
- "Reduction of information density" of reformatted text documents.
- Handling of images, and hence does not teach any of:
- transposition of images, or
- (even if this were done) matching transposed images to screen size/res; or
- combining image files with HTML files to transfer as a single file.
"New and important consequences in
the shape of practical machines"
Browsing Information
The Mobile Data Service feature provides the following optimizationsin
delivering web content to the handheld browser:
- Image optimization: By default, the Mobile Data Service converts .jpeg or .gif images to .png images, scales images to fit the screen dimensions, and reduces color depth to match the handheld capabilities. Refer to "Image conversion" on page 25 for more information.
- Content filtering: The Mobile Data Service processes HTML content to remove unsupported tags, converts data to a tokenized format, and compresses the data for efficient delivery over the wireless network.
- Page rendering: The Mobile Data Service retrieves images while it is processing HTML or XHTML content, and includes the images with the pages that it sends to the handheld.
These features provide a better browsing experience because the browser can download pages more quickly, and display a wider range of HTMP content.
i) By and large the obviousness case does not actually involve a step-by-step analysis;ii) When the document speaks of "a better browsing experience" it must be speaking of what was actually out on the market, as opposed to any of the cited prior art. Better than what?
iii)
In
any event the "practical machine"
in
the shape of the BlackBerry involved much more than just the "ideas" the subject of the claim – and owed nothing to the patent. We were told that BlackBerry was first on the market
in
1999. That is three years after the date of the patent – three years is a long time
in the world of computers where speed of computing, of connection and size of memory and price change so rapidly. And the "practical machine" must have involved a vast amount of actual detailed implementation and design.
Conclusion
Lord Justice Moore-Bick
Lord Justice Tuckey: