Adaptive Spectrum And Signal Alignment, Inc v British Telecom Communications Plc

Adaptive Spectrum And Signal Alignment, Inc v British Telecom Communications Plc

ASSIA's Amended Defence and Counterclaim does not fully comply with the order, but the breach is not material given the procedural history; fairness requires granting an extension until 15th September for ASSIA to provide full particulars.

Source-derived case information.

Parties
Claimant: Adaptive Spectrum and Signal Alignment, Inc.; Defendant: British Telecom Communications PLC
Jurisdiction
England and Wales
Judgment Date
22 July 2014
Procedural Posture
Patent Infringement / Post Trial Case Management/order on Pleadings
Outcome
Application granted in part; extension of time for ASSIA to comply with order.
Legal Topics
Patent Infringement, Declaratory Relief, Case Management, Pleadings, Expert Evidence
Intellectual Property Patent Law Patent Infringement Declaratory Relief Case Management Pleadings Expert Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Adaptive Spectrum and Signal Alignment, Inc.

Claimant

British Telecom Communications PLC

Defendant

Procedural Posture

Patent Infringement / Post Trial Case Management/order on Pleadings

  1. 1 Whether ASSIA's Amended Defence and Counterclaim complies with paragraph 15(d)(ii) of the January 2014 order
  2. 2 Whether ASSIA should be ordered to provide further particulars regarding infringement
  3. 3 Whether BT should plead to other integers of the claims first

Ratio Decidendi

ASSIA's Amended Defence and Counterclaim does not fully comply with the order, but the breach is not material given the procedural history; fairness requires granting an extension until 15th September for ASSIA to provide full particulars.

Court Disposition

Application granted in part; extension of time for ASSIA to comply with order.

Orders

  • ASSIA to provide an Amended Statement of Case compliant with paragraph 15(d)(ii) by 15th September 2014.
  • Neither party shall adduce expert or fact evidence without agreement or court permission.