Infringement by Overseas Servers Revisited

Since the UK Court of Appeal judgment in Menashe v William Hill, it has not been safe to assume that infringement of a patent claim including a processor or a processing step can be avoided by performing the processing on a server outside the UK. A third judgement on this topic has recently been issued – making the score two for infringement and one for non-infringement – so it is instructive to consider what factors affect a finding of infringement.

Those wanting to learn more on this subject can click here to see our recent briefing, where we review the relevant points of the three cases and draw some practical conclusions.