Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co Kg & Anor

Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co Kg & Anor

Ericsson acted reasonably in intervening to protect the confidentiality of its document and should have its costs paid by IPCom. The proposed additional undertaking restricting Dr Sedlmaier's involvement in negotiations is unnecessary and excessive; the existing undertaking suffices. Undertakings should be given in favour of intervening interested parties such as Ericsson to ensure enforceability.

Parties
Claimant/counterclaim Defendant: Nokia Oyj (Nokia Corporation); Defendant/counterclaim Claimant/claimant: IPCom GmbH & Co KG; Counterclaim Defendant: HTC Corporation; Counterclaim Defendant: HTC Europe Co Limited; Counterclaim Defendant: Brightpoint Great Britain Limited; Intervening Party: Ericsson
Jurisdiction
England and Wales
Judgment Date
14 February 2013
Procedural Posture
Patent Litigation / Costs and Confidentiality Undertakings Determination
Outcome
Application allowed in part
Legal Topics
Costs, Confidentiality Undertakings, Third Party Disclosure
Intellectual Property Civil Procedure Costs Confidentiality Undertakings Third Party Disclosure

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Parties

Nokia Oyj (Nokia Corporation)

Claimant/counterclaim Defendant

IPCom GmbH & Co KG

Defendant/counterclaim Claimant/claimant

HTC Corporation

Counterclaim Defendant

HTC Europe Co Limited

Counterclaim Defendant

Brightpoint Great Britain Limited

Counterclaim Defendant

Ericsson

Intervening Party

Procedural Posture

Patent Litigation / Costs and Confidentiality Undertakings Determination

Legal Issues

  1. 1 Who should bear the costs of Ericsson's intervention
  2. 2 Form and scope of confidentiality undertakings required from Dr Sedlmaier and Mr. Stasik
  3. 3 Whether undertakings should be given directly to intervening interested parties

Ratio Decidendi

Ericsson acted reasonably in intervening to protect the confidentiality of its document and should have its costs paid by IPCom. The proposed additional undertaking restricting Dr Sedlmaier's involvement in negotiations is unnecessary and excessive; the existing undertaking suffices. Undertakings should be given in favour of intervening interested parties such as Ericsson to ensure enforceability.

Court Disposition

Application allowed in part

Orders

  • IPCom to pay Ericsson's costs of intervention
  • No additional undertaking required from Dr Sedlmaier and Mr. Stasik beyond the agreed form