TQ Delta, LLC v Zyxel Communications UK Ltd & Anor

TQ Delta, LLC v Zyxel Communications UK Ltd & Anor

The RAND trial will be listed for September 2019, as ZyXEL's arguments for delay are unsubstantiated and excessive estimates of trial length are rejected. Permission is granted to TQ Delta to amend pleadings regarding essentiality analysis, subject to proportionality and admissibility of revised expert evidence.

Parties
Claimant/respondent: TQ Delta, LLC; Defendant/applicant: ZyXEL Communications UK Limited; Defendant/applicant: ZyXEL Communications A/S
Jurisdiction
England and Wales
Judgment Date
19 February 2019
Procedural Posture
Patent Litigation / Interlocutory Ruling on Trial Date and Amendment Applications
Outcome
RAND trial to be listed for September 2019; permission granted to amend pleadings; no further adjournments likely to be granted.
Legal Topics
Rand/frand Licensing, Patent Essentiality, Trial Management, Amendment of Pleadings
Intellectual Property Patent Law Rand/frand Licensing Patent Essentiality Trial Management Amendment of Pleadings

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Parties

TQ Delta, LLC

Claimant/respondent

ZyXEL Communications UK Limited

Defendant/applicant

ZyXEL Communications A/S

Defendant/applicant

Procedural Posture

Patent Litigation / Interlocutory Ruling on Trial Date and Amendment Applications

Legal Issues

  1. 1 Appropriate trial date for RAND trial
  2. 2 Permission to amend pleadings regarding essentiality analysis
  3. 3 Admissibility of expert evidence on patent essentiality

Ratio Decidendi

The RAND trial will be listed for September 2019, as ZyXEL's arguments for delay are unsubstantiated and excessive estimates of trial length are rejected. Permission is granted to TQ Delta to amend pleadings regarding essentiality analysis, subject to proportionality and admissibility of revised expert evidence.

Court Disposition

RAND trial to be listed for September 2019; permission granted to amend pleadings; no further adjournments likely to be granted.

Orders

  • RAND trial to be listed for ten days plus two days' pre-reading in September 2019.
  • Permission granted to TQ Delta to amend pleadings regarding essentiality analysis.