“… This appeal is from the judgment of Meade J given on 25 June 2021 [2021] EWHC 1739 (Pat). The same patent was previously litigated in Unwired Planet v Huawei ([2015] EWHC 3366 (Pat) and on appeal [2017] EWCA Civ 226). I was the trial judge, and my lord Arnold LJ was a member of the Court of Appeal in that case. There were no overlapping is…”
“…r in this respect, however, given that the legal tests are largely, if not entirely, the same: see Unwired Planet International Ltd v Huawei Technologies Co Ltd[2015] EWHC 3366 (Pat) at [106]-[107] (Birss J). So too is the underlying rationale of preventing patentees from obtaining an unwarranted advantage by subsequently adding subject-mat…”