Computer outside UK subject to UK law

[Jeremy Barker]

If not interested in legal matters please ignore this message.

Menashe v William Hill [2002] EWHC 397 (Patents)

The case involves a patent for a computer-based gaming system consisting of
a host computer, terminal computer and communication between them. M says WH
is infringing their patent.

WH arranged to site the host computer abroad (at first in Antigua, later in
Curaçao in the Netherlands Antilles) and supplied punters to allow then to
access the host computer using their own computers as the terminal computer
referred to in the patent. WH says that this split removes the system from
the effects of UK patent law.

The court ruled that splitting the patented system so part of it was outside
the jurisdiction did not remove it from the effects of UK law - the overall
system put the patented invention into effect within the UK so could be
considered to be located in the UK for patent law purposes (specifically for
the purposes of section 60(2) of the Patents Act 1977).

From a crypto standpoint the question that comes to mind is whether a
similar argument could be deployed when crypto systems are distributed
internationally and the courts are ruling on matters like disclosure of
keys.

The full judgment (which includes relevant extracts from the Patents Act
1977) can be read at
http://www.bailii.org/ew/cases/EWHC/Patents/2002/397.html

jb