Vringo Infrastructure, Inc v ZTE (UK) Ltd & Anor [2013] EWHC 1591 (Pat) (06 June 2013)

Vringo Infrastructure, Inc v ZTE (UK) Ltd & Anor [2013] EWHC 1591 (Pat) (06 June 2013)

The court refused to schedule a FRAND trial before patent validity and infringement trials, holding that the real issue is patent validity and infringement, and that ZTE is entitled to challenge these before any FRAND determination. The court also refused to join ZTE Corporation as a party at this stage and found that global portfolio licence issues cannot be resolved in the abstract without considering all terms.

Citation
[2013] EWHC 1591 (Pat)
Parties
Claimant: Vringo Infrastructure, Inc.; First Defendant: ZTE (UK) Limited; Proposed Second Defendant: ZTE Corporation
Jurisdiction
England and Wales
Judgment Date
06 June 2013
Procedural Posture
Patent Infringement and FRAND Licensing Dispute / Case Management Conference
Outcome
Claimant's application refused
Legal Topics
Patent Infringement, FRAND Licensing, Standards Essential Patents, Case Management, Competition Law Obligations
Intellectual Property Competition Law Patent Infringement FRAND Licensing Standards Essential Patents Case Management Competition Law Obligations

Case Brief

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Parties

Vringo Infrastructure, Inc.

Claimant

ZTE (UK) Limited

First Defendant

ZTE Corporation

Proposed Second Defendant

Procedural Posture

Patent Infringement and FRAND Licensing Dispute / Case Management Conference

Legal Issues

  1. 1 Should the court schedule a FRAND trial before patent validity and infringement trials?
  2. 2 Is ZTE Corporation an appropriate party to the proceedings at this stage?
  3. 3 Is a global portfolio licence offer compliant with FRAND and competition law obligations?

Ratio Decidendi

The court refused to schedule a FRAND trial before patent validity and infringement trials, holding that the real issue is patent validity and infringement, and that ZTE is entitled to challenge these before any FRAND determination. The court also refused to join ZTE Corporation as a party at this stage and found that global portfolio licence issues cannot be resolved in the abstract without considering all terms.

Court Disposition

Claimant's application refused

Orders

  • FRAND trial not scheduled before patent trials
  • Patent trials to proceed first