Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc

Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc

The court ordered a stay of the injunction on the 495 patent on terms that BT pay ASSIA £250,000 per week as an interim payment on account of damages, with liberty to apply. No cross-undertaking in damages was required from ASSIA. Costs below were set at 60% in ASSIA's favour. Permission to appeal to the Supreme Court was refused.

Parties
Respondent/appellant: Adaptive Spectrum and Signal Alignment Inc; Appellant/respondent: British Telecommunications PLC
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Civil Appeal (patents) / Court of Appeal Judgment on Final Order and Outstanding Issues
Outcome
Appeal allowed in part; final orders issued on terms set out in judgment.
Legal Topics
Injunctions, Damages, Costs, Stay of Proceedings, Cross Undertaking, Permission to Appeal
Intellectual Property Patents Injunctions Damages Costs Stay of Proceedings Cross Undertaking Permission to Appeal

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Parties

Adaptive Spectrum and Signal Alignment Inc

Respondent/appellant

British Telecommunications PLC

Appellant/respondent

Procedural Posture

Civil Appeal (patents) / Court of Appeal Judgment on Final Order and Outstanding Issues

Legal Issues

  1. 1 Terms of final order regarding 790 and 495 patents
  2. 2 Stay of injunction and interim payments
  3. 3 Cross-undertaking in damages

Ratio Decidendi

The court ordered a stay of the injunction on the 495 patent on terms that BT pay ASSIA £250,000 per week as an interim payment on account of damages, with liberty to apply. No cross-undertaking in damages was required from ASSIA. Costs below were set at 60% in ASSIA's favour. Permission to appeal to the Supreme Court was refused.

Court Disposition

Appeal allowed in part; final orders issued on terms set out in judgment.

Orders

  • BT to pay ASSIA £250,000 per week during stay of injunction on 495 patent as interim payment on account of damages, subject to adjustment after inquiry.
  • BT to confirm steps taken to render products and systems non-infringing.