There's No Restraining Nokia, Says Courtroom Of Appeal

It's non nonetheless available on BAILII, but the Court of Appeal's determination inwards Nokia Corporation v Interdigital Technology Corporation yesterday has already been snapped upward past times the Thomson-owned Lawtel subscription-only service.

This was an appeal past times Interdigital against Mr Justice Pumfrey's refusal to gild (i) Nokia non to pursue for certain applications inwards the USA courts, (ii) a proclamation that regain sought inwards the USA applications was irrelevant to whatever number inwards U.K. patent proceedings or (iii) a remain of the U.K. proceedings pending the resultant of an arbitration betwixt the parties. In the application earlier him Pumfrey J concluded that a determination every bit to whether to confine the USA applications was non a mere illustration management decision. For the courtroom to interfere, Interdigital needed to present at that spot had been abusive remove on Nokia's business office that had prejudiced it. On the facts earlier it, at that spot was no bear witness of an abuse of process. FurtheHe every bit good held that, land it was unlikely that the textile requested inwards the USA applications would endure of relevance to the U.K. proceedings, that possibility could non endure excluded. Nor, inwards his opition, was at that spot whatever terra firma for a remain of the proceedings.

Interdigital: may endure appealing to their customers but non to the Court of Appeal

The Court of Appeal dismissed Interdigital's appeal. The alone argue Interdigital applied for a remain was to influence the arbitration proceedings, which was non a expert plenty reason. Interdigital had to present a expert argue for the remain in addition to the guess was right inwards finding that it had non done so. Further matters that the guess had dealt amongst had perish irrelevant since the judge's gild because the arbitration had been concluded, but Interdigital had failed to present that the guess had erred inwards whatever way.

ever glazes over a niggling when cases of this course of teaching come upward up, especially when they are in addition to then heavily subject on facts which (for the sake of convenience in addition to speed) are to a greater extent than oftentimes than non omitted from newsy summaries. Still, it's worth remembering that applications for stays in addition to suchlike bring a potent equitable terra firma to them: the courts volition reckon what is fair in addition to right on the facts, rather than read the answer from the text of a lawbook.

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