Annex (preliminary opinion on validity) to EPO communication of January 23, 2019, regarding Apple and Intel's opposition to Qualcomm's European Patent Application No. 16157697.0
Original Title
19-01-23 Annex to EPO Communication Re. App. No. 16157697.0
Annex (preliminary opinion on validity) to EPO communication of January 23, 2019, regarding Apple and Intel's opposition to Qualcomm's European Patent Application No. 16157697.0
Annex (preliminary opinion on validity) to EPO communication of January 23, 2019, regarding Apple and Intel's opposition to Qualcomm's European Patent Application No. 16157697.0
Datum Bit ‘Anmelde-Nr:
Date 23.01.2019 ‘Sheet 1 ApplicationNo- 16 157 697.0
bate Feuille Demande
|= INTRODUCTION
1 The Opponent 1 (Apple Distribution International ULC) and the Opponent 2
(Intel Corporation) request revocation of the patent in its entirety on the
following grounds:
- Under Article 100(a) EPC on the grounds that the subject-matter of the
claims does not meet the requirements for patentability set out in Article 52 to
57 EPC, specifically, that the invention as defined in the claims is not new
(Article 54 EPC) and not inventive (Article 56 EPC).
- Under Article 100(c) EPC on the grounds that the subject-matter of the
claims extends beyond the content of the application as filed.
2 In respect of the grounds under Article 100(a) EPC, the Opponents have cited
documents K5-K17 and K19-K20 in sections II and VI respectively of the
notice of opposition; all these documents are prior art as to Article 54(2) EPC,
except K9 and K12, which are prior art as to Article 54(3) EPC
K5 _ US6950988
KR200401 10227 + K7a (English translation of K7) + K7b (Certificate of
accurate translation)
K8 | US2005171933
| K9 | WO2007019481 + K9a (extract from the Register of European Patents)
| K10 | US2002132635
/K6 | US2004235520
KR20050014126 + K11a (English translation of K11) + K11b (Certificate of
accurate translation)
|K12 | EP1603312
K13_| EP1394666Datum Bit ‘Anmelde-Nr:
bate 23.01.2019 Sheet 2 Appication No. 16 157 697.0
Date Feuille Demande n°
/K14 | JP2005244468
| K15 | EP0860972
K16 | EP1104151
| K17 | EP0946028
| 19. | XP055471007 - User's Guide for Nokia 3200
XP055471026 - BlackBerry® Wireless Handheld User Guide
3 The Opponent 1 further requests accelerated procedure due to parallel
infringement proceedings.
4 The opposition appears to be admissible (see Article 99 and Rules 76 and 77
EPC).
5 The Proprietor (Qualcomm Incorporated) requests the opposition to be
rejected and the patent to be maintained in granted form
Should this request not be granted, the Proprietor requests the patent to be
maintained in amended form on the basis of auxiliary request 1, filed by fax
on 29.11.2018.
6 On 14.12.2018, the Opponents filed further arguments regarding Articles
100(a) and (c) EPC, together with annexes K14a (English translation of K14,
filed with the notice of opposition), K20a ("Getting Started" guide
corresponding to the device of K20, filed with the notice of opposition) and
K21 (a modified figure based on figures 1 and 2 of the original earlier
application).
7 The aforementioned grounds for opposition will be discussed during the Oral
Proceedings. The preliminary and non-binding opinion of the Opposition
Division is given below.Datum Bit ‘Anmelde-Nr:
Date ‘Sheet 3 ApplicationNo- 16 157 697.0
bate Feuille Demande
8 If the Patentee or the Opponents intend to file any written submissions or
amendments to the application documents on file, they should do this within
the time limit for final submissions set in the summons. The Opposition
Division may exercise its discretion according to Rule 114(2) EPC to
disregard new submissions presented after that date.
ll, FEATURE ANALYSIS OF THE INDEPENDENT CLAIMS - MAIN REQUEST
1 Claim 1
1.0 A method for initiating a communication link from a first communication
terminal (10) to a second communication terminal, comprising the steps of:
1.1. sensing input of an address number in the first communication terminal (10),
representing a communication address for the second communication terminal;
1.2 retrieving information associated with the communication address of the
second communication terminal;
1.3 presenting the retrieved information on a display (15) of the first
communication terminal (10);
1.4 retrieving information related to selectable communication channels usable for
communication with second communication terminal; and
1.5 presenting, on the display (15) of the first communication terminal (10),
plurality of selectable items (152-157) only representing the usable communication
channels, responsive to sensing input of an address number;
1.5.1 wherein once a user of the first communication terminal starts to type numbers
the different usable communications channels are presented for selection.
2 Claim 10:
10.0 A communication terminal (10) comprising:
10.1 a communication controller (63) including a transceiver device for transmitting
signals over a communication link;
10.2 auser interface including a display and an input interface;
10.3 an input detection device (61) configured to sense input of an address number
by a user of the communication terminal, representing a communication address for a
second communication terminal;
EPO Form 280801817)