Case report - UK: Can the global nature of the Internet circumvent international patent systems?

Abstract The recent case of Menashe Business Mercantile Limited v William Hill Organisation Ltd raised an interesting preliminary issue as to whether patent infringement could be avoided by placing various elements of a patented invention in different jurisdictions. The High Court and Court of Appeal in the United Kingdom found that the placing of the host computer by the Defendants in the Caribbean, one element of the patented invention, was no defence to the infringement of the Claimants’ European patent (designating the UK). Both Courts found in favour of the patentee and held that William Hill was “putting the invention into effect in the UK”, albeit they placed a different interpretation on these words. This case note discusses the meaning and effect of both decisions.