Research In Motion UK Ltd v Visto Corporation [2008] EWHC 3025 (Pat) (05 December 2008)

Research In Motion UK Ltd v Visto Corporation [2008] EWHC 3025 (Pat) (05 December 2008)

The trial should be split because a combined trial of all seven patents would be unwieldy and burdensome, and the attack on the RIM patents lacks commercial significance. Expedition is justified for the Visto patents due to their commercial importance.

Citation
[2008] EWHC 3025 (Pat)
Parties
Claimant / Part 20 Defendant: Research In Motion UK Limited; Defendant / Part 20 Claimant: Visto Corporation; Part 20 Defendant: Research In Motion Limited
Jurisdiction
England and Wales
Judgment Date
05 December 2008
Procedural Posture
Patent Revocation and Infringement Proceedings / Case Management Conference; Order on Splitting Trial and Expedition
Outcome
Order for split trial; expedition granted for Visto patents; RIM patents revocation to be listed in ordinary course.
Legal Topics
Patent Revocation, Patent Infringement, Case Management, Splitting Trials, Expedition of Trial
Intellectual Property Patent Law Patent Revocation Patent Infringement Case Management Splitting Trials Expedition of Trial

Case Brief

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Parties

Research In Motion UK Limited

Claimant / Part 20 Defendant

Visto Corporation

Defendant / Part 20 Claimant

Research In Motion Limited

Part 20 Defendant

Procedural Posture

Patent Revocation and Infringement Proceedings / Case Management Conference; Order on Splitting Trial and Expedition

Legal Issues

  1. 1 Whether the trial should be split between the Visto and RIM patents
  2. 2 Whether expedition of the trial is justified

Ratio Decidendi

The trial should be split because a combined trial of all seven patents would be unwieldy and burdensome, and the attack on the RIM patents lacks commercial significance. Expedition is justified for the Visto patents due to their commercial importance.

Court Disposition

Order for split trial; expedition granted for Visto patents; RIM patents revocation to be listed in ordinary course.

Orders

  • Trial of Visto patents (claim and counterclaim) fixed for 14 September 2009 with seven-day estimate and two days pre-reading.
  • No scientific adviser required for trial.