Samsung Electronics Co LTD v Apple Retail UK LTD & Anor

Samsung Electronics Co LTD v Apple Retail UK LTD & Anor

The pursuit of central amendment applications before the EPO by Samsung is not an abuse of process and is permitted by the EPC and domestic law. It is appropriate to adjourn the appeal until the outcome of the central amendment applications is known, as proceeding now risks wasted costs and time. Apple's application to strike out the appeal is dismissed, but Apple is not precluded from making further submissions once the outcome of the EPO applications is known.

Parties
Appellant/claimant: Samsung Electronics Co Ltd; Respondent/defendant: Apple Retail UK Ltd; Respondent/defendant: Apple Sales International
Jurisdiction
England and Wales
Judgment Date
11 March 2014
Procedural Posture
Civil Appeal (patents) / Interlocutory Application on Appeal (adjournment and Strike Out)
Outcome
Samsung's application for adjournment allowed; Apple's application to strike out the appeal dismissed.
Legal Topics
Patents, Patent Amendment, Central Amendment Procedure, Abuse of Process, Stay/adjournment of Proceedings
Intellectual Property Law Civil Procedure Patents Patent Amendment Central Amendment Procedure Abuse of Process Stay/adjournment of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Samsung Electronics Co Ltd

Appellant/claimant

Apple Retail UK Ltd

Respondent/defendant

Apple Sales International

Respondent/defendant

Procedural Posture

Civil Appeal (patents) / Interlocutory Application on Appeal (adjournment and Strike Out)

Legal Issues

  1. 1 Whether the appeal should be adjourned pending the outcome of central amendment applications before the EPO
  2. 2 Whether Samsung's pursuit of central amendment applications constitutes an abuse of process
  3. 3 Whether the appeal should be struck out unless Samsung withdraws its central amendment applications

Ratio Decidendi

The pursuit of central amendment applications before the EPO by Samsung is not an abuse of process and is permitted by the EPC and domestic law. It is appropriate to adjourn the appeal until the outcome of the central amendment applications is known, as proceeding now risks wasted costs and time. Apple's application to strike out the appeal is dismissed, but Apple is not precluded from making further submissions once the outcome of the EPO applications is known.

Court Disposition

Samsung's application for adjournment allowed; Apple's application to strike out the appeal dismissed.

Orders

  • Appeal adjourned until outcome of central amendment applications is known.
  • Apple's application to strike out the appeal unless Samsung withdraws its EPO applications is dismissed.