Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2014] EWCA Civ 1513 (21 November 2014)

Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2014] EWCA Civ 1513 (21 November 2014)

The court granted a stay of the injunction on the 495 patent on terms that BT pay £250,000 per week as an interim payment on account of damages, to be repaid if it exceeds the amount awarded on inquiry. No cross-undertaking in damages was required from ASSIA. Section 63(2) Patents Act did not justify depriving ASSIA...

Source-derived case information.

Citation
[2014] EWCA Civ 1513
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
Appeal / Judgment on Final Order and Outstanding Issues After Appeal
Outcome
Stay of injunction on 495 patent granted on terms; interim payments and costs orders made; permission to appeal refused.
Legal Topics
Patent Infringement, Injunctions, Damages, Costs, Stay of Injunction, Cross Undertaking in Damages, Section 63(2) Patents Act, Permission to Appeal
Intellectual Property Patents Patent Infringement Injunctions Damages Costs Stay of Injunction Cross Undertaking in Damages +2 more

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Parties

Adaptive Spectrum and Signal Alignment Inc

Respondent/appellant

British Telecommunications PLC

Appellant/respondent

Procedural Posture

Appeal / Judgment on Final Order and Outstanding Issues After Appeal

Legal Issues

  1. 1 Whether to grant a stay of injunction on the 495 patent and on what terms
  2. 2 Whether a cross-undertaking in damages should be required from ASSIA
  3. 3 Appropriate interim payments and costs orders

Ratio Decidendi

The court granted a stay of the injunction on the 495 patent on terms that BT pay £250,000 per week as an interim payment on account of damages, to be repaid if it exceeds the amount awarded on inquiry. No cross-undertaking in damages was required from ASSIA. Section 63(2) Patents Act did not justify depriving ASSIA of its costs of the successful appeal. Costs below were adjusted to 60% in ASSIA's favour. Permission to appeal to the Supreme Court was refused.

Court Disposition

Stay of injunction on 495 patent granted on terms; interim payments and costs orders made; permission to appeal refused.

Orders

  • BT to pay ASSIA £250,000 per week during the stay as interim payment on account of damages, subject to repayment if overpaid.
  • BT to confirm steps taken to render products and systems non-infringing.