HTC Europe Co Ltd v Apple Inc

HTC Europe Co Ltd v Apple Inc

A modest degree of expedition is justified for all actions involving HTC and the patents '022, '868, '948, and '859, to be tried on or after 26 March 2012 and before 30 April 2012. The greater degree of expedition sought for the '859 patent is not justified due to insufficient certainty regarding the German proceedings, the possibility of adequate remedies in Germany, the impact on the administration of justice, and prejudice to Apple.

Parties
Claimant: HTC Europe Co. Ltd; Defendant: Apple Inc.; Claimant: Apple Inc.; Defendant: HTC Corporation
Jurisdiction
England and Wales
Judgment Date
19 September 2011
Procedural Posture
Patent Litigation / Application for Expedition of Trial
Outcome
Application for expedition allowed in part; denied in part.
Legal Topics
Expedition of Proceedings, Parallel Litigation, Infringement, Validity of Patents
Intellectual Property Patents Expedition of Proceedings Parallel Litigation Infringement Validity of Patents

Case Brief

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Parties

HTC Europe Co. Ltd

Claimant

Apple Inc.

Defendant

Apple Inc.

Claimant

HTC Corporation

Defendant

Procedural Posture

Patent Litigation / Application for Expedition of Trial

Legal Issues

  1. 1 Whether the actions concerning patents '022, '868, '948, and '859 should be expedited and to what extent
  2. 2 Whether the existence of parallel German proceedings justifies expedition in the English court
  3. 3 Whether expedition would prejudice the parties or the administration of justice

Ratio Decidendi

A modest degree of expedition is justified for all actions involving HTC and the patents '022, '868, '948, and '859, to be tried on or after 26 March 2012 and before 30 April 2012. The greater degree of expedition sought for the '859 patent is not justified due to insufficient certainty regarding the German proceedings, the possibility of adequate remedies in Germany, the impact on the administration of justice, and prejudice to Apple.

Court Disposition

Application for expedition allowed in part; denied in part.

Orders

  • Actions relating to patents '022, '868, '948, and '859 to be expedited for trial on the first convenient date on or after 26 March 2012, with a window ending 30 April 2012.
  • No greater expedition for the '859 patent.