Wragge Lawrence Graham & Co's Intellectual Property team secured an important Court of Appeal victory for its US client, ASSIA, Inc., against British Telecommunications plc.
The Court of Appeal ruled that BT's flagship Infinity 1 and Infinity 2 broadband system (referred to as "NGA" in the judgment) infringes two of ASSIA's patents in the field of dynamic spectrum management.
David Barron and Alexandra Brodie, partners specialising in multi-jurisdictional patent litigation, led the Wragge Lawrence Graham & Co team, assisted by associates Andrew Maggs and Tom Foster. The team worked closely with ASSIA's general counsel Noah Mesel and barristers Iain Purvis QC (11 South Square) and Joe Delaney (3 New Square).
California-based ASSIA is a pioneer in the field of DSL (digital subscriber line) technology, providing software and consultancy services to many of the world's leading broadband companies, including AT&T, Verizon and Sky.
Alexandra Brodie said: "This is an excellent result for ASSIA, whose legitimate expectation that its valuable intellectual property should be protected has been vindicated. Thanks to excellent work by our whole team, dealing with incredibly complex subject matter, the court has agreed."
David Barron added: "I am proud of the efforts everyone made to secure victory for ASSIA, chalking up yet another success for the market-leading Wragge Lawrence Graham & Co patent litigation team and providing a salutary lesson for those companies that regard themselves as too big to fail."
Noah Mesel said: "Today's ruling affirms ASSIA's role as an innovator in the field of broadband performance optimisation. Major operators around the world license our products because they recognise the value ASSIA's software adds to their businesses. BT should do likewise. Wragge Lawrence Graham & Co has given us tireless support and service, outwitting the BT team at all stages."
The two patents in the case, EP (UK) 1,869, 790 ('790') and EP (UK) 2,259,495 ('495'), describe inventions fundamental to DSL management technologies. These underpin BT's most advanced broadband system, Infinity, which provides services to more than 2.7 million customers in the UK.
Wragge Lawrence Graham & Co's award-winning IP team advises on the full range of IP issues from offices in the UK, Germany, France and China. Acting for some of the world's biggest organisations, its track record includes overturning a £49 million damages claim for Zodiac Seats Ltd in the Supreme Court and securing a trade mark victory for Comic Enterprises Ltd against 20th Century Fox in the Glee trial.
This cutting-edge work helped the team to victory as Patent Contentious Firm of the Year at the Managing Intellectual Property Awards 2014, TMT Team of the Year at the Legal Business Awards 2014 and TMT Team of the Year at the British Legal Awards 2013.
