HTC Europe Co Ltd v Apple Inc [2011] EWHC 2396 (Pat) (19 September 2011)

A modest degree of expedition is justified for all actions due to commercial importance and the need for certainty, but the greater degree of expedition sought for the '859 patent is not warranted given the speculative German timetable, potential remedies in Germany, and prejudice to Apple.

Citation: [2011] EWHC 2396 (Pat)
Parties: Claimant: HTC Europe Co. Ltd; Defendant: Apple Inc.
Jurisdiction: England and Wales
Judgment Date: 19 September 2011
Procedural Posture: Patent Litigation / Application for Expedition of Trial
Outcome: Application for expedition granted in part
Legal Topics: Expedition of Proceedings, Patent Infringement, Patent Validity, Parallel Litigation

Intellectual Property Patents Expedition of Proceedings Patent Infringement Patent Validity Parallel Litigation

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Parties

HTC Europe Co. Ltd

Claimant

Apple Inc.

Defendant

Procedural Posture

Patent Litigation / Application for Expedition of Trial

Legal Issues

1 Whether the actions concerning certain Apple patents should be expedited and to what extent
2 Whether the existence of parallel German proceedings justifies greater expedition
3 Whether expedition would prejudice the administration of justice or the parties

Ratio Decidendi

Court Disposition

Application for expedition granted in part

Orders

Actions relating to '022, '868, '948, and '859 patents to be tried at the first convenient date on or after 26 March 2012, with a window ending on 30 April 2012
No separate or earlier expedition for the '859 patent