Koninklijke Philips NV v Asustek Computer Incorporation & Ors [2016] EWHC 2220 (Pat) (09 September 2016)

Koninklijke Philips NV v Asustek Computer Incorporation & Ors [2016] EWHC 2220 (Pat) (09 September 2016)

The court held that HSPA, as implemented in the relevant UMTS releases, is not excluded from the definition of CDMA Wireless Industry Standard under the 1998 Agreement, and the covenant not to assert extends to HTC's acts complained of. The proviso to clause 4.3 does not exclude HSPA, and the asserted patents are...

Source-derived case information.

Citation
[2016] EWHC 2220 (Pat)
Parties
Claimant: KONINKLIJKE PHILIPS NV; Defendant: ASUSTEK COMPUTER INCORPORATION; Defendant: ASUSTEK (UK) LIMITED; Defendant: ASUS TECHNOLOGY PTE. LTD; Defendant: HTC CORPORATION; Defendant: HTC EUROPE CO. LTD
Jurisdiction
England and Wales
Judgment Date
09 September 2016
Procedural Posture
Patent Infringement and Contractual Interpretation / Judgment on Preliminary Issue
Outcome
HTC succeeds on the preliminary issue; Philips is precluded from asserting the patents against HTC's acts complained of under the covenant not to assert in the 1998 Agreement.
Legal Topics
Patent Infringement, Standard Essential Patents, Contractual Interpretation, Competition Law, Telecommunications Standards
Intellectual Property Contract Law Patent Infringement Standard Essential Patents Contractual Interpretation Competition Law Telecommunications Standards

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

KONINKLIJKE PHILIPS NV

Claimant

ASUSTEK COMPUTER INCORPORATION

Defendant

ASUSTEK (UK) LIMITED

Defendant

ASUS TECHNOLOGY PTE. LTD

Defendant

HTC CORPORATION

Defendant

HTC EUROPE CO. LTD

Defendant

Procedural Posture

Patent Infringement and Contractual Interpretation / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether HSPA is covered by a CDMA Wireless Industry Standard under the 1998 Agreement
  2. 2 Whether HSPA falls within the proviso to clause 4.3 of the 1998 Agreement
  3. 3 Whether the asserted patents are CDMA Technically Necessary Patents

Ratio Decidendi

The court held that HSPA, as implemented in the relevant UMTS releases, is not excluded from the definition of CDMA Wireless Industry Standard under the 1998 Agreement, and the covenant not to assert extends to HTC's acts complained of. The proviso to clause 4.3 does not exclude HSPA, and the asserted patents are CDMA Technically Necessary Patents. The covenant applies regardless of whether HTC sourced chipsets from Qualcomm or third parties.

Court Disposition

HTC succeeds on the preliminary issue; Philips is precluded from asserting the patents against HTC's acts complained of under the covenant not to assert in the 1998 Agreement.

Orders

  • Declaration that the covenant not to assert in clause 4.3 of the 1998 Agreement extends to HTC's acts complained of.
  • No order as to costs at this stage.