Jurisdiction to hear Abuse of Dominant Position Claims relating to FRAND - Vestel Elektronik Sanayi Ve Ticaret A.Ş. and another v HEVC Advance LLC and another
Jane Lambert Patents Court (HH Judge Hacon) Vestel Elektronik Sanayi VE Ticaret AS and another v HEVC Advance LLC and another [2019] EWHC 2766 (Ch) (21 Oct 2019) This was an application for a declaration that the English Patents Court has no jurisdiction to entertain a claim by Vestel Elektronik Sanayi Ve Ticaret A.Ş and its British subsidiary, Vestel UK Ltd against HEVC Advance LLC, a Delaware company that manages a pool of standard-essential patents ("SEP"), or Koninklijke Phillips NV ("Phillips") one of the SEP owners for relief from an alleged abuse of a dominant position under art 102 of the Treaty on the Functioning of the European Union ("TFEU") and/or s.18 of the Competition Act 1998 by failing to offer licences under the SEP on fair, reasonable and non-discriminatory ("FRAND") terms. The application came on before His Honour Judge Hacon sitting as a judge of the High Court on 2 and 3 Oct 2019. Judgment was given on 2...