Crypto Open Patent Alliance v Craig Steven Wright & Ors

Parties

Procedural Posture

Civil (intellectual Property, Chancery Division) / Pre Trial Review (ptr) – Applications for Adjournment, Permission to Rely on Late Documents, Directions, and Security for Costs

Legal Issues

1. 1 Whether Dr Wright should be granted permission to rely on late-disclosed 'Additional Documents'
2. 2 Whether the trial should be adjourned in light of the late disclosure and need for further evidence
3. 3 Appropriate directions for trial timetable and evidence

Ratio Decidendi

Permission to rely on the Additional Documents is granted to Dr Wright, subject to conditions including provision of documents under standard confidentiality terms and allowing respondents to rely on their evidence. The trial is adjourned but only to 5 February 2024, not the longer adjournment sought by Dr Wright. The court found that a fair trial can still take place within the revised timetable and imposed directions to ensure active case management. Security for costs for the Developers is increased to £900,000. Costs of ASD expert evidence after 21 September 2023 are awarded to COPA. Costs of the main applications are costs in the case.

Court Disposition

Applications allowed in part; trial adjourned to 5 February 2024; permission to rely on Additional Documents granted with conditions; further security for costs ordered; costs of ASD evidence after 21 September 2023 to COPA; other costs in the case.

Orders

• Trial adjourned to commence 5 February 2024 with revised directions for evidence and timetable.
• Dr Wright granted permission to rely on Additional Documents, subject to conditions including confidentiality terms as per Patents Court Guide.