Aylo Premium Ltd & Anor v Aylo Premium Ltd & Ors [2024] EWHC 1310 (Pat) (27 March 2024)

Aylo Premium Ltd & Anor v Aylo Premium Ltd & Ors [2024] EWHC 1310 (Pat) (27 March 2024)

The application for expedition is refused because, although Aylo demonstrated some commercial urgency and a real risk of adverse effect on its UK business if a German injunction is granted, the urgency is modest, the utility of an early UK judgment for the German proceedings is marginal, and the prejudice to other court users and disruption to the Patents Court diary would be significant. The same assessment applies under the Practice Statement, and the ordinary trial window in January 2025 is sufficiently prompt.

Citation
[2024] EWHC 1310 (Pat)
Parties
Claimant / Applicant (hp 2023 000043); Defendant (hp 2024 000009): DISH TECHNOLOGIES LLC; Claimant / Applicant (hp 2023 000043): SLING TV LLC; Defendant / Applicant (hp 2023 000043); Claimant (hp 2024 000009): AYLO PREMIUM LTD; Defendant / Applicant (hp 2023 000043); Claimant (hp 2024 000009): AYLO FREESITES LTD; Defendant / Applicant (hp 2023 000043): AYLO BILLING LIMITED; Defendant / Applicant (hp 2023 000043): AYLO BILLING US CORP
Jurisdiction
England and Wales
Judgment Date
27 March 2024
Procedural Posture
Patent Infringement and Revocation Proceedings / Interlocutory Application for Expedition of Trial And/or Early Listing
Outcome
Application for expedition refused; no order for costs.
Legal Topics
Expedition of Trial, Patent Infringement, Patent Validity, Parallel Proceedings, Practice Statement on Trial Listing, German Injunction Gap
Intellectual Property Patents Civil Procedure Expedition of Trial Patent Infringement Patent Validity Parallel Proceedings Practice Statement on Trial Listing +1 more

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Parties

DISH TECHNOLOGIES LLC

Claimant / Applicant (hp 2023 000043); Defendant (hp 2024 000009)

SLING TV LLC

Claimant / Applicant (hp 2023 000043)

AYLO PREMIUM LTD

Defendant / Applicant (hp 2023 000043); Claimant (hp 2024 000009)

AYLO FREESITES LTD

Defendant / Applicant (hp 2023 000043); Claimant (hp 2024 000009)

AYLO BILLING LIMITED

Defendant / Applicant (hp 2023 000043)

AYLO BILLING US CORP

Defendant / Applicant (hp 2023 000043)

Procedural Posture

Patent Infringement and Revocation Proceedings / Interlocutory Application for Expedition of Trial And/or Early Listing

Legal Issues

  1. 1 Whether the trial should be expedited to allow a UK judgment before a related German trial
  2. 2 Whether the trial should be listed in November or December 2024 under the Patents Court Practice Statement

Ratio Decidendi

The application for expedition is refused because, although Aylo demonstrated some commercial urgency and a real risk of adverse effect on its UK business if a German injunction is granted, the urgency is modest, the utility of an early UK judgment for the German proceedings is marginal, and the prejudice to other court users and disruption to the Patents Court diary would be significant. The same assessment applies under the Practice Statement, and the ordinary trial window in January 2025 is sufficiently prompt.

Court Disposition

Application for expedition refused; no order for costs.