Summary Judgment in IP: Part Two – What’s stopping you?

Getting to Court Early
(Photo by THE 5TH on Pexels.com)

Getting to Court Early

A key difference between IP claims and other litigation is this: after exchange of pleadings, what more does the Court really need to decide the case?

This article is Part Two of two. For Part One, see here: Part One.

Part One looks at early determination of claims in IP, focusing on the recent Judgment in Red Bull v Big Horn ([2018] EWHC 2794 (Ch); as reported in CityAM).

Fact Evidence

Continuing with the example of Red Bull v Big Horn: In some trade mark cases the Court may need evidence as to the perception of the consumer of the goods: I’m not aware how popular Red Bull is among members of the Bench, but I’m sure it has fuelled the occasional late night Judgment writing marathon.… 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...