NVidia Corporation & Ors v Hardware Labs Performance Systems Inc

NVidia Corporation & Ors v Hardware Labs Performance Systems Inc

The threats letter, when properly construed, did not contain a threat of proceedings in the UK but was confined to German proceedings. There was no real prospect of the claimants succeeding on the groundless threats claim, so summary judgment was granted for the defendant on that point. The claimants' application for a stay was refused as no good reason was provided, and the defendant's application for transfer to IPEC or allocation to the shorter trial scheme was also refused as the proceedings were too substantial and complex.

Parties
Claimant: NVIDIA CORPORATION; Claimant: NVIDIA LIMITED; Claimant: NVIDIA DEVELOPMENT UK LIMITED; Claimant: NVIDIA TECHNOLOGY UK LIMITED; Claimant: NVIDIA GmbH; Claimant: NVIDIA DEVELOPMENT FRANCE SAS; Claimant: NVIDIA DUTCH BV; Claimant: NVIDIA ARC GmbH; Claimant: NVIDIA, HELSINKI Oy; Claimant: NVIDIA ITALY Srl; Claimant: NVIDIA SINGAPORE DEVELOPMENT Pte Ltd; Claimant: NVIDIA SINGAPORE Pte Ltd; Defendant: HARDWARE LABS PERFORMANCE SYSTEMS INC
Jurisdiction
England and Wales
Judgment Date
06 December 2016
Procedural Posture
Intellectual Property Trade Mark / Summary Judgment/strike Out Application, Application for Stay, Application for Transfer/allocation
Outcome
Summary judgment granted for defendant on groundless threats claim; claimants' application for stay refused; defendant's application for transfer/allocation refused.
Legal Topics
Trade Marks, Groundless Threats, Jurisdiction, Summary Judgment, Stay of Proceedings, Transfer to IPEC, Shorter Trial Scheme
Intellectual Property Trade Marks Groundless Threats Jurisdiction Summary Judgment Stay of Proceedings Transfer to IPEC Shorter Trial Scheme

Case Brief

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Parties

NVIDIA CORPORATION

Claimant

NVIDIA LIMITED

Claimant

NVIDIA DEVELOPMENT UK LIMITED

Claimant

NVIDIA TECHNOLOGY UK LIMITED

Claimant

NVIDIA GmbH

Claimant

NVIDIA DEVELOPMENT FRANCE SAS

Claimant

NVIDIA DUTCH BV

Claimant

NVIDIA ARC GmbH

Claimant

NVIDIA, HELSINKI Oy

Claimant

NVIDIA ITALY Srl

Claimant

NVIDIA SINGAPORE DEVELOPMENT Pte Ltd

Claimant

NVIDIA SINGAPORE Pte Ltd

Claimant

HARDWARE LABS PERFORMANCE SYSTEMS INC

Defendant

Procedural Posture

Intellectual Property Trade Mark / Summary Judgment/strike Out Application, Application for Stay, Application for Transfer/allocation

Legal Issues

  1. 1 Whether the defendant's letter constituted a groundless threat of proceedings for infringement of a trade mark in the UK under section 21 of the Trade Marks Act 1994
  2. 2 Whether the proceedings should be stayed pending EUIPO invalidity proceedings
  3. 3 Whether the proceedings should be transferred to the Intellectual Property Enterprise Court (IPEC) or allocated to the shorter trial scheme

Ratio Decidendi

The threats letter, when properly construed, did not contain a threat of proceedings in the UK but was confined to German proceedings. There was no real prospect of the claimants succeeding on the groundless threats claim, so summary judgment was granted for the defendant on that point. The claimants' application for a stay was refused as no good reason was provided, and the defendant's application for transfer to IPEC or allocation to the shorter trial scheme was also refused as the proceedings were too substantial and complex.

Court Disposition

Summary judgment granted for defendant on groundless threats claim; claimants' application for stay refused; defendant's application for transfer/allocation refused.

Orders

  • Groundless threats claim struck out or summary judgment entered for defendant on that part of the claim.
  • Claimants' application for a stay of proceedings refused.