obtaining from the subscriber of the monetary values of the airtime credit the subscriber wishes to purchase
and checking to ascertain whether the subscriber has sufficient funds available to purchase the airtime credit,
prior to providing the subscriber with an enabling code. Claims 1012 relate to the obtaining of enabling codes
from a supply of enabling codes (claim 10), including selecting a voucher from a stock of vouchers on which the
enabling codes are provided (claim 11), or from an enabling code dispensing means which has a stock of
enabling codes in electronic form (claim 12).
[13] Claim 13 adds definition to integer (e) of claim 1 in that "providing the subscriber with an enabling code"
includes sending the code to the subscriber by way of an SMS (short message system) message.
[14] As will become apparent in due course, the plaintiff initially relied on two species of alleged infringement by
Vodacom. Neither though involved any alleged infringement of claims 6 and 8. Accordingly, I mention them
only for the sake of completeness. Claim 6 adds an integer for remotely
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identifying the subscriber by logging subscriber calls in the administration system and then sequentially calling back
the subscribers logged in. Claim 8 adds to claim 6 by allowing the subscriber to log in by providing his
password via a keypad on his or her phone.
[15] Claim 14, a substantive claim, can be divided into the following integers:
(a)
A method of dispensing an enabling or PIN code to a cellular telephone user which includes the steps
of:
(b)
remotely identifying the user;
(c)
verifying user details with reference to user details stored in a user database; and
(d)
selectively providing the user with an enabling or PIN code.
[16] Claim 15 can be divided into the following integers:
(a)
a system for enabling use of a communication network by a subscriber, the system including:
(b)
a database including data on a plurality of subscribers requiring use of the communication network;
(c)
identification means for remotely identifying the subscriber;
(d)
verification means for verifying subscriber details with reference to the database; and
(e)
a stock of enabling codes from which an enabling code is selectively dispensed to the subscriber,
(f )
the enabling code being operatively fed into the network to a predetermined extent.
[17] Claims 1622 are all dependent on claim 15. Claim 16 has an integer that the database (integer (b) of claim
15) includes financial data on each of the subscribers, the system being configured to update the database to
reflect each transaction with each subscriber. The other integers include: telephonic communication means for
receiving a telephone call from a subscriber (claim 17); a caller line identification facility as an identification
means (claim 18); an administrative module for logging calls received from subscribers (claim 19); and an
interactive telephone system configured to obtain a password from a subscriber to verify the subscriber's
details (claim 21). By comparison, claim 20 has an additional integer that the telephonic communication means
include a receiving telephone, the system including an operator (a person) who obtains a password from the
subscriber and uses the password to verify the subscriber's details. Claim 22 adds to claims 20 and 21 with
additional integers: a computer with an administrative system and a caller line identification module; a modem
for receiving a telephone call from a subscriber, who is identified by the caller line identification, the modem
being linked to the computer so that the subscriber's identification details are fed to the computer for recordal
on the database.
[18] Claims 2425 are also dependant of claim 15. Claim 24 provides for an enabling code dispensing means which
has a stock of enabling codes stored in electronic format. Claim 25 provides for an SMS messaging system
whereby an enabling code can be forwarded to a subscriber in the form of an SMS.
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[19] Claim 23, like claims 6 and 8, has never been in contention as being infringed. It is dependent on claims 1522
and adds an integer in which the stock of enabling or PIN codes is in the form of paper vouchers, as compared
to a stock of enabling codes stored in electronic format (claim 24).
[20] Claims 2628 are omnibus claims being claims to new methods and systems as substantially described in
claims 1, 14 and 15 (claims 2627) and in the complete specification (claim 28).
The alleged infringement
[21] Paragraph [6] of the plaintiff 's particulars of claim alleges that Vodacom, without the authority of the plaintiff,
has used or exercised the methods described in claims 113 (other than those described in claims 6 and 8).
Paragraph [7] alleges that Vodacom, without the authority of the plaintiff, has used or exercised a method of
dispensing an enabling or PIN code to a cellular telephone user by remotely identifying the user; verifying
user details with reference to user details stored in a user database; and selectively providing the user with
an enabling or PIN code; and thereby infringed claim 14. Likewise, paragraph [8] alleges use of the system
and the variations thereof described in claims 1522, 24 and 25. It is contended that the use or exercise of
the system occurred by Vodacom operating the methods of claims 114 (excluding claims 6 and 8).