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Showing posts with the label IPCom

Optis v Apple - The "Trial D" Appeal

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Photo   Maebmij   Licence CC BY-SA 3.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lord Justices Newey, Arnold and Birss)    Optis Cellular Technology LLC and others v Apple Retail UK Ltd and other s [2023] EWCA Civ 758 (4 July 2023) This was an appeal by Applie Inc and two of its subsidiaries ("Apple") against the judgment of Mr Justice Meade in    Optis Cellular Technology LLC and others v Apple Retail Uk Ltd and others [2022] EWHC 561 (Pat) (15 March 2022) that European patents (UK)  2 187 549 B1  and 2 690 810 B1  were valid, essential to the LTE standard  and infringed by Apple.  The action before Mr Justice Meade was called "Trial D" because it was the last of a series of trials to determine whether a portfolio of patents that had been granted to Panasonic and subsequently assigned to the respondents were valid and essential to the LTE standard and whether they had been infringed.  To put this litigati...

Staying Expedited Proceedings - Neurim Pharmaceuticals v Mylan

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Author Karjis Sambrans   Licence  CC BY 2.0   Source Wikimedia Common s Jane Lambert Patents Court (Mr Ian Karet)  Neurim Pharmaceuticals (1991) Ltd another v Generics (UK) Ltd (T/A Viatris) and another [2021] EWHC 2897 (Pat) (29 Ort 2021) This was an application by Generics (UK) Limited and Mylan UK Healthcare Limited ("Mylan") for a stay of the expedited trial that had been ordered by Mr Justice Mellor in  Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2021] EWHC 2198 (Pat) (2 Aug 2021) which I discussed in Practice - Neurim Pharmaceuticals v Mylan   on 30 March 2022.  The purpose of the proposed stay was to await the outcome of opposition proceedings in the European Patent Office under Part V of the European Patent Convention.  The outcome of those proceedings including an appeal could be expected in 2023 or  2024. The reason why Mr Justice Mellor ordered an expedited trial is that Eur...

Patents - IPCom GmbH & Co Kg v Vodafone Group Plc

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  Author  Goodtiming8871   Licence CC BY=SA 4 ,- Source Wikipedia Wireless     J ane Lambert Court of Appeal ( Lord Justice Lewison, Lady Justice Asplin and Lord Justice Arnold) IPCom GmbH & Co Kg v Vodafone Group Plc and others  [2021] EWCA Civ 205 (19 Feb 2021) This was an appeal by both sides against the judgment of Mr Recorder Campbell QC in IPcom GmbH & Co Kg v Vodafone Group Plc and others [2020] EWHC 132 (Pat) (28 Jan 2020).  That had been a claim by  IPCpm GmbH & Co Kg  against several companies in the Vodafone group for infringement of European Patent (UK) number EP2579666B1for Allocation of access rights for a telecommunications channel to subscriber stations of a telecommunications network . Mr Justice Birss had ordered the trial to dispose of some of the issues in a wider dispute over whether the Vodafone companies were obliged to take a licence from IPCom on FRAND (fair, reasonable and non-discriminatory)...

IPCom GmbH & Co Kg v HTC Europe Co Ltd and others

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Jane Lambert   Patents Court (Mr Justice Birss) IPCom GmbH & Co Kg v HTC Europe Co Ltd and others [2020] EWHC 2941 (Pat) (4 Nov 2020) This was an application by the defendants to strike out part of the  points of claim in an inquiry as to the claimant's damages for patent infringement that had been ordered by the Chancellor, Sir Geoffrey Vos, on 17 Dec 2019. The claimant claimed millions of dollars whereas the defendants contended that it was entitled only to a small percentage of that sum. The patent in suit was EP (UK) 1 841 268   which had been declared essential to an ETSI telecommunications standard.  The claimant had given an undertaking to license the use of the patent to implementers of the standards on FRAND (fair, reasonable and non-discriminatory) terms.  The patent had been the subject of litigation for many years.  When the case came on before the Chancellor the patent had only a few more weeks to run.  The defendants withdrew t...