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
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
Legal Issues
- 1 Whether ASSIA's Amended Defence and Counterclaim complies with paragraph 15(d)(ii) of the January 2014 order
- 2 Whether ASSIA should be ordered to provide further particulars regarding infringement
- 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.
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