Aylo Premium Ltd & Anor v Aylo Premium Ltd & Ors

Aylo Premium Ltd & Anor v Aylo Premium Ltd & Ors

The application for expedition is refused because, although Aylo demonstrated some commercial urgency and a genuine UK business interest, the risk of grave impact is low, the utility of an earlier UK judgment for the German proceedings is marginal, and the prejudice to other court users and disruption to the Patents Court diary would be significant. The ordinary trial window in January 2025 is sufficiently prompt under the Practice Statement.

Parties
Claimant/applicant: DISH TECHNOLOGIES LLC; Claimant/applicant: SLING TV LLC; Defendant/applicant: AYLO PREMIUM LTD; Defendant/applicant: AYLO FREESITES LTD; Defendant/applicant: AYLO BILLING LIMITED; Defendant/applicant: AYLO BILLING US CORP
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
Patent Infringement and Validity Proceedings / Application for Expedition of Trial Date
Outcome
Application for expedition refused
Legal Topics
Patent Law, Expedition of Trial, Parallel Proceedings, Practice Statement on Trial Listing
Intellectual Property Civil Procedure Patent Law Expedition of Trial Parallel Proceedings Practice Statement on Trial Listing

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Parties

DISH TECHNOLOGIES LLC

Claimant/applicant

SLING TV LLC

Claimant/applicant

AYLO PREMIUM LTD

Defendant/applicant

AYLO FREESITES LTD

Defendant/applicant

AYLO BILLING LIMITED

Defendant/applicant

AYLO BILLING US CORP

Defendant/applicant

Procedural Posture

Patent Infringement and Validity Proceedings / Application for Expedition of Trial Date

Legal Issues

  1. 1 Whether the trial should be expedited to allow a UK judgment before a related German trial
  2. 2 Whether the Practice Statement on trial listing justifies an earlier trial date

Ratio Decidendi

The application for expedition is refused because, although Aylo demonstrated some commercial urgency and a genuine UK business interest, the risk of grave impact is low, the utility of an earlier UK judgment for the German proceedings is marginal, and the prejudice to other court users and disruption to the Patents Court diary would be significant. The ordinary trial window in January 2025 is sufficiently prompt under the Practice Statement.

Court Disposition

Application for expedition refused

Orders

  • No order for expedition of trial
  • No order for costs