NIPC Law

Alcatel-Lucent SA's Head Office in Boulogne-Bilancourt Author AnaBé   Licence CC BY-SA 3.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Newey, Arnold and Snowden)  Alcatel Lucent SAS v Amazon Digital UK Ltd and other s [2025] EWCA Civ 43 (28 Jan 2025) This was the second of three cases in which the Court of Appeal had to consider whether a willing licensor of a portfolio of patents declared essential to one or more standards (" standard-essential patents" or "SEPs" ) would grant an implementer of those standards who has undertaken to take a licence to that portfolio on the terms to be determined by the Patents Court to be fair, reasonable and non-discriminatory ("FRAND") an interim licence pending that determination.  The other cases were  Panasonic Holdings Corporation v Xiaomi Technology UK Ltd and others [2024] EWCA Civ 1143 (3 Oct 2024) which I discussed in  FRAND - Panasonic Holdings Corporation v Xiaomi Technology UK ...

  Jane Lambert Business and Property Courts of England and Wales, Intellectual Property List ( Mrs Justice Joanna Smith) Lidl Great Britain Limited and another v Tesco Stores Ltd and anothe r [2023] EWHC 1517 (Ch) (21 June 2023) In Trade Marks - Lidl v Tesco   which I posted to this blog on 1 May 2023 I discussed Mrs Justice Joanna Smith's judgment in ) Lidl Great Britain Limited and another v Tesco Stores Ltd and another [ 2023] EWHC 873 (Ch) (19 April 2023),  In that case Lidl Great Britain Ltd and Lidl Stiftung & Co KG ("Lidl") sued Tesco Stores Ltd and Tesco Plc ("Tesco") for copyright \and trade mark infringement and passing off. Tesco counterclaimed for cancellation of some of Lidl's marks,  By her judgment of 19 April 2023 the judge found for Lidl on its claim and Tesco on part of its counterclaim. Outstanding Issues The parties agreed that Tesco was entitled to an injunction to restrain trade mark infringement and passing off but Tesco objecte...

Great Hall of the People Chongqing Author flyerletian Licence  CCO 1.0   Soutce Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Peter Jackson, Arnold and Phillips) Nokia Technologies OY and another v Oneplus Technology (Shenzhen) Co Ltd and others [2022] EWCA Civ 947 (11 July 2022) This was an appeal from the judgment of HH Judge Hacon sitting as a judge of the High Court in  Nokia Technologies OY and another v Oneplus Technology (Shenzhen) Co., Ltd and other s (Rev1) [2021] EWHC 2952 (Pat) (4 Nov 2021) which I discussed in  FRAND - Nokia Technologies v Oneplus Technology   on 25 April 2022.  Readers will recall that the learned judge refused an application to set aside service of patent infringement proceedings on defendants that had been incorporated in China and to stay the action against the defendants that had been incorporated here to abide the outcome of proceedings in China to determine the terms of a FRAND licence for the...

Supreme People's Court of the Peoples' Republic of China Author ONUnicorn   Licence CC BY-SA 3.0   Source Wikimedia   Common   J ane Lambert Patents Court (HH Judge Hacon)  Nokia Technologies OY and another v Oneplus Technology (Shenzhen) Co., Ltd and other s (Rev1) [2021] EWHC 2952 (Pat) (4 Nov 2021) This was an application to HH Judge Hacon sitting as a judge of the Patents Court to set aside service of patent infringement proceedings on defendants that had been incorporated in China and to stay the action against the defendants that had been incorporated here to abide the outcome of proceedings in China to determine the terms of a FRAND licence for the claimants' patent portfolio on the basis that China was the more appropriate forum.  Alternatively, a stay of the whole action or at least the determination of the licence terms was sought on case management grounds.        The applicants contended that the circumstances that had led to...