NIPC Law

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...

Jane Lambert   Patents Court (Mr Justice Mellor)  Godo Kaisha IP Bridge 1 v Huawei Technologies Co., Ltd and others [2021] EWHC 2826 (Pat) (22 Oct 2021) In Disclosure - Anan Kasei Co. Ltd v Neo Chemicals & Oxides (Europe) Ltd   I discussed a case in which Mr Justice Mellor refused to relax restrictions on highly confidential material that had been disclosed for external eyes only ("EEO").  EEO essentially means a party's solicitors and counsel but not the party itself.  In  Godo Kaisha IP Bridge 1 v Huawei Technologies Co., Ltd and others [2021] EWHC 2826 (Pat) (22 Oct 2021), the same judge reached an opposite decision even though he applied the same guidelines. The application for the relaxation of EEO restrictions was one of two applications by Huawei Technologies (UK) Ltd. ("HTUK"), a wholly-owned subsidiary of the Chinese telecommunications equipment giant, Huawei Technologies Co. Ltd. The other application was for an order for the claimant, Godo ...

Author Dori   Public Domain Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Mellor) Mitsubishi Electric Corporation v Oneplus Technology (Shenzhen) Co, Ltd and others [2021] EWHC 1048 (Pat) (26 April 2021) This was a trial to determine whether European patent (UK) 1925142B1  is essential to version 10.0.0 and all subsequent versions of TS36.322 of the 4th generation 3GPP Long-Term Evolution (“LTE’) standard.  The registered proprietor of the patent is SISVEL International S.A which is the second claimant in these proceedings.   The proceedings are part of a wider dispute as to whether the defendants should take a licence from the first claimant's patent pool ("MCP pool") on fair, reasonable and non-discriminatory ("FRAND") terms.  As is often the case in FRAND disputes the defendant implementors denied the patent's validity, its essentiality to the standard and that it had been infringed.  They also disputed the fairn...