Unwired Planet International Ltd v Huawei Technologies Co Ltd & Ors

Unwired Planet International Ltd v Huawei Technologies Co Ltd & Ors

The court preferred the defendants' proposals for a fixed date for service and inclusion of the 744 patent in the amendment order, finding no convincing reason to treat the 744 patent differently. The court rejected Unwired Planet's proposed wording that would allow further amendment applications after the specified date, as it would undermine the purpose of the order.

Parties
Claimant: Unwired Planet International Limited; First Defendant: Huawei Technologies Co. Limited; Second Defendant: Huawei Technologies (UK) Co. Limited; Third Defendant: Samsung Electronics (UK) Limited; Fourth Defendant: Samsung Electronics (UK) Limited; Fifth Defendant: Google Inc.; Sixth Defendant: Google Ireland Limited; Seventh Defendant: Google Commerce Limited; Ninth Party: Unwired Planet, Inc; Tenth Party: Unwired Planet LLC; Eleventh Party: Telefonaktiebolaget L M Ericsson
Jurisdiction
England and Wales
Judgment Date
05 May 2015
Procedural Posture
Patent Litigation / Case Management Order Following Directions Hearing
Outcome
Case management order issued resolving disputed directions between parties.
Legal Topics
Case Management, Patent Amendment Procedure, Disclosure, Central Amendment in EPO
Intellectual Property Patent Law Case Management Patent Amendment Procedure Disclosure Central Amendment in EPO

Case Brief

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Parties

Unwired Planet International Limited

Claimant

Huawei Technologies Co. Limited

First Defendant

Huawei Technologies (UK) Co. Limited

Second Defendant

Samsung Electronics (UK) Limited

Third Defendant

Samsung Electronics (UK) Limited

Fourth Defendant

Google Inc.

Fifth Defendant

Google Ireland Limited

Sixth Defendant

Google Commerce Limited

Seventh Defendant

Unwired Planet, Inc

Ninth Party

Unwired Planet LLC

Tenth Party

Telefonaktiebolaget L M Ericsson

Eleventh Party

Procedural Posture

Patent Litigation / Case Management Order Following Directions Hearing

Legal Issues

  1. 1 Date for service of Unwired Planet's document
  2. 2 Form of order regarding identification of issues
  3. 3 Inclusion of EP (UK) 2 229 744 patent in amendment order

Ratio Decidendi

The court preferred the defendants' proposals for a fixed date for service and inclusion of the 744 patent in the amendment order, finding no convincing reason to treat the 744 patent differently. The court rejected Unwired Planet's proposed wording that would allow further amendment applications after the specified date, as it would undermine the purpose of the order.

Court Disposition

Case management order issued resolving disputed directions between parties.

Orders

  • Unwired Planet to serve the required document by 7th May 2015.
  • EP (UK) 2 229 744 patent included in the amendment order.