Koninklijke Philips NV v Asustek Computer Inorporation & Ors

Koninklijke Philips NV v Asustek Computer Inorporation & Ors

The assessment of damages for infringement of UK patents is a fact-based exercise; there should be no automatic linkage between the terms of a declared FRAND licence and the terms of a hypothetical licence used for damages calculation. The quantum of damages, including the relevance of worldwide portfolio terms, must be determined at trial. ASUS cannot be removed from Trial D at this stage.

Parties
Claimant: Koninklijke Philips NV; First Defendant: ASUSTek Computer Incorporation; Second Defendant: ASUSTek (UK) Limited; Third Defendant: ASUS Technology PTE Limited; Fourth Defendant: HTC Corporation; Fifth Defendant: HTC Europe Co Limited
Jurisdiction
England and Wales
Judgment Date
17 January 2020
Procedural Posture
Patent Infringement and FRAND Licensing Dispute / Interlocutory Application for Removal of ASUS From Trial D
Outcome
Application dismissed
Legal Topics
Patent Infringement, FRAND Licensing, Standard Essential Patents, Damages Assessment, Summary Judgment, Strike Out Applications
Intellectual Property Competition Law Patent Infringement FRAND Licensing Standard Essential Patents Damages Assessment Summary Judgment Strike Out Applications

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Parties

Koninklijke Philips NV

Claimant

ASUSTek Computer Incorporation

First Defendant

ASUSTek (UK) Limited

Second Defendant

ASUS Technology PTE Limited

Third Defendant

HTC Corporation

Fourth Defendant

HTC Europe Co Limited

Fifth Defendant

Procedural Posture

Patent Infringement and FRAND Licensing Dispute / Interlocutory Application for Removal of ASUS From Trial D

Legal Issues

  1. 1 Whether ASUS can be removed from Trial D by waiving its right to a FRAND licence and consenting to an injunction
  2. 2 Whether damages for past infringement should be assessed only on UK infringing devices or on a broader basis
  3. 3 Whether Philips' claim for damages based on a worldwide portfolio licence is legally sustainable

Ratio Decidendi

The assessment of damages for infringement of UK patents is a fact-based exercise; there should be no automatic linkage between the terms of a declared FRAND licence and the terms of a hypothetical licence used for damages calculation. The quantum of damages, including the relevance of worldwide portfolio terms, must be determined at trial. ASUS cannot be removed from Trial D at this stage.

Court Disposition

Application dismissed

Orders

  • ASUS remains a defendant in Trial D
  • Parties to draw up an appropriate order including provision for amendments to pleadings