Vringo Infrastructure, Inc v ZTE (UK) Ltd & Anor

Vringo Infrastructure, Inc v ZTE (UK) Ltd & Anor

The court refused to schedule a FRAND trial before the patent trials because ZTE is entitled to challenge validity and infringement first, and is not willing to be bound by a FRAND determination in advance. The court also refused to join ZTE Corporation as a party at this stage, and held that the real issue between the parties is the validity and infringement of the patents.

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; Application to Schedule FRAND Trial and Join ZTE Corporation as Party
Outcome
Claimant's application refused
Legal Topics
Patent Infringement, FRAND Licensing, Case Management, Competition Law Obligations, Global Portfolio Licensing
Intellectual Property Law Competition Law Patent Infringement FRAND Licensing Case Management Competition Law Obligations Global Portfolio Licensing

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; Application to Schedule FRAND Trial and Join ZTE Corporation as Party

Legal Issues

  1. 1 Should the court schedule a FRAND trial before determining validity and infringement of the patents?
  2. 2 Is Vringo entitled to insist on a global portfolio licence as FRAND?
  3. 3 Should ZTE Corporation be joined as a party at this stage?

Ratio Decidendi

The court refused to schedule a FRAND trial before the patent trials because ZTE is entitled to challenge validity and infringement first, and is not willing to be bound by a FRAND determination in advance. The court also refused to join ZTE Corporation as a party at this stage, and held that the real issue between the parties is the validity and infringement of the patents.

Court Disposition

Claimant's application refused

Orders

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