Essential Techniques For Litigating Allegedly Essential Patents

Essential techniques for litigating allegedly essential patents

Nokia Corp v Interdigital Technology Corp [2006] EWHC 802 (Pat) is a Patents Court conclusion of Mr Justice Pumfrey of Midweek 12 April. constitute it here on BAILII.

Interdigital was a query in addition to patent licensing fellowship inwards the cellphone sector. Nokia, who made mobile phones, alleged that, during the standard-setting procedure for third-generation mobile telephony systems, Interdigital had flagged a number of its patents equally beingness ‘essential’ for anyone operating to the proposed 3G standard. So far equally Nokia was concerned, whether those patents were essential for the 3G touchstone was a relevant component inwards fixing whatsoever royalty charge per unit of measurement Nokia would stimulate got to pay: Nokia accordingly sought declarations that the importation in addition to industry of mobile phones in addition to equipment that complied amongst the 3G touchstone didn't infringe Interdigital's patents, which were non thus essential for compliance amongst the 3G standard. Similar declarations were sought inwards abide by of Interdigital's patents for 2G telephony.

Interdigital applied to stimulate got Nokia's application struck out on the the world that at that spot was no finality inwards whatsoever of the declarations Nokia wanted, sinced it didn't follow, from the fact that the 3G touchstone did non involve infringement of a given patent, that anyone importing or selling equipment would non endure infringing that patent.

Right: minute generation telephony - a affair of the past, simply yet worth litigating

Pumfrey J refused to nail out Nokia's application. Given the complexity in addition to difficulty of this dispute equally a whole, the courtroom was non saltation to convey unthinkingly everything said yesteryear a political party inwards its contestation of case, which mightiness endure apparently devoid of substance. Both amongst regard to the dispute over the 3G patents in addition to the 2G patents, issues of fact had to endure resolved earlier it could endure seen whether Nokia's activity for a annunciation had whatsoever merit or not, then it would non endure appropriate to nail it out now.

remembers the erstwhile days when the top dog focus of patent litigation was on whether at that spot had been an infringement or not. Now it seems that a large quantity of litigation has been pushed upstream: actions for declarations, motions to nail out in addition to then on. This bears out how of import it is to know the procedural ropes likewise equally the basic tests of infringement.

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