Garmin v Philips: Changing Cases

On 29th January 2019 the Hon. Mr Justice Henry Carr handed down his judgment in the case of Garmin (Europe) Limited v  Koninklijke Philips N.V. [2019] EWHC 107 (Ch).

The aim of this article is to look at how the parties’ cases in Garmin v Philips appear to have changed during the course of litigation, and to think about why that often tends to be the case in litigation, and in particular for patent litigation. As Henry Carr J says in his judgment: “Cases change during the course of litigation, which may mean that issues once seen as important no longer matter.Read more...

One strike and you’re out: Summary Judgment in IP?

Even amongst litigators there’s a common preconception that IP cases are complex, and not the sort of cases that are amenable to summary judgment – but is that really the case?

In the UK, early determination is sought under CPR 3.4 or CPR 24 – strike out or summary judgment respectively.  This article will run through the recent unsuccessful summary judgment and strike out application in Red Bull v Big Horn ([2018] EWHC 2794 (Ch); as reported in CityAM) to assess whether IP claims really are too complex for early determination.

To round things off we’ll look at three IP summary judgment success stories (one copyright, one designs, and one patent) to see the kind of cases that do fit the bill.… Read more...

Unwired Planet – AIPPI Rapid Response Seminar – Part 1

On 13 November 2018 AIPPI held a rapid response seminar on the decision of the Court of Appeal in Huawei v Unwired Planet [2018] EWCA Civ 2344. What follows is a write up of the event – the first part is an analysis of the issues in the case and the arguments on appeal  – the second part contains further insight from the hosts into the Judgment and its effect on global SEP and FRAND litigation more generally.

(Part Two is available here).

The evening was hosted by The Rt. Hon. Prof. Sir Richard Jacob (UCL) and Richard Vary of Bird & Bird (formerly of Nokia), in response to the handing down by the Court of Appeal of its much-awaited Judgment in the Huawei v Unwired Planet Standard Essential Patent (SEP) Litigation, in relation to 2G/GSM,3G/UMTS and 4G/LTE technologies used in mobile phones. 

UP’s stock jumped 20% when they won on the first patent in the case: EP2229744B1

Introductions

Sara Ashby (Wiggin) provided the introductions and was keen to remind everyone that the AIPPI’s Annual patents round up at Hogan Lovells (hosted by Andrew Lykiardopolous QC) will be on 10 December 2018 (mince pies TBC: Dan Brook of  Hogan Lovells to be held responsible)

Richard got us under way by reviewing the background to the decision, and covering off where we stand now: Huawei are apparently intending to appeal to the Supreme Court.… Read more...