Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co Kg & Anor [2013] EWHC 407 (Pat) (14 February 2013)

Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co Kg & Anor [2013] EWHC 407 (Pat) (14 February 2013)

Ericsson acted reasonably in intervening to protect the confidentiality of its document, and the analogy to third party disclosure costs applies; therefore, IPCom should pay Ericsson's costs. The proposed additional undertakings restricting Dr. Sedlmaier's involvement in negotiations are unnecessary and excessive. Undertakings as to confidentiality should be given directly in favour of intervening interested parties such as Ericsson.

Citation
[2013] EWHC 407 (Pat)
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 Interested Party: Ericsson
Jurisdiction
England and Wales
Judgment Date
14 February 2013
Procedural Posture
Patent Litigation and Confidentiality Application / Post Interim Application, Costs and Undertakings Determination
Outcome
Application granted in part; costs of Ericsson's intervention to be paid by IPCom; undertakings to be given in favour of intervening interested parties; proposed additional undertaking rejected.
Legal Topics
Patent Confidentiality, Third Party Disclosure, Costs Orders, Undertakings as to Confidentiality
Intellectual Property Civil Procedure Patent Confidentiality Third Party Disclosure Costs Orders Undertakings as to Confidentiality

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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 Interested Party

Procedural Posture

Patent Litigation and Confidentiality Application / Post Interim Application, Costs and Undertakings Determination

Legal Issues

  1. 1 Whether Ericsson or IPCom should pay 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 the analogy to third party disclosure costs applies; therefore, IPCom should pay Ericsson's costs. The proposed additional undertakings restricting Dr. Sedlmaier's involvement in negotiations are unnecessary and excessive. Undertakings as to confidentiality should be given directly in favour of intervening interested parties such as Ericsson.

Court Disposition

Application granted in part; costs of Ericsson's intervention to be paid by IPCom; undertakings to be given in favour of intervening interested parties; proposed additional undertaking rejected.

Orders

  • IPCom to pay Ericsson's costs of intervention.
  • Dr. Sedlmaier and Mr. Stasik to give confidentiality undertakings in favour of intervening interested parties, including Ericsson and Alcatel.