Nokia OYJ v IPCom GmbH & Co Kg

Nokia OYJ v IPCom GmbH & Co Kg

The legal basis for the FRAND and damages inquiries has fallen away because the patent in the form adjudicated ('Floyd form') no longer survives after the EPO TBA decision. The undertakings to take/grant a FRAND licence were tied to that form. It would be pointless and wasteful to proceed with inquiries relating to a patent that can never exist in that form. The damages inquiry should also be adjourned pending the Supreme Court's decision in Virgin Atlantic Airways v Contour, as its outcome may render the inquiry unnecessary.

Parties
Claimant: Nokia OYJ; Defendant/claimant (in Second Action): IPCom GmbH & Co KG; Defendant: HTC Europe Co Limited; Defendant: Brightpoint Great Britain Ltd; Defendant: HTC Corporation
Jurisdiction
England and Wales
Judgment Date
02 May 2013
Procedural Posture
Patent Litigation (frand Licensing and Damages Inquiry) / Application for Adjournment of FRAND and Damages Inquiries
Outcome
Application for adjournment allowed
Legal Topics
FRAND Licensing, Patent Validity, Infringement, Damages Inquiry, Stay/adjournment of Proceedings
Intellectual Property Patent Law Civil Procedure FRAND Licensing Patent Validity Infringement Damages Inquiry Stay/adjournment of Proceedings

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Parties

Nokia OYJ

Claimant

IPCom GmbH & Co KG

Defendant/claimant (in Second Action)

HTC Europe Co Limited

Defendant

Brightpoint Great Britain Ltd

Defendant

HTC Corporation

Defendant

Procedural Posture

Patent Litigation (frand Licensing and Damages Inquiry) / Application for Adjournment of FRAND and Damages Inquiries

Legal Issues

  1. 1 Whether the FRAND and damages inquiries should be adjourned in light of the EPO Technical Board of Appeal decision amending the patent
  2. 2 Whether the undertakings to take/grant a FRAND licence remain operative after the patent no longer exists in the form previously adjudicated
  3. 3 Whether the inquiry as to damages should proceed pending the Supreme Court's decision in Virgin Atlantic Airways v Contour

Ratio Decidendi

The legal basis for the FRAND and damages inquiries has fallen away because the patent in the form adjudicated ('Floyd form') no longer survives after the EPO TBA decision. The undertakings to take/grant a FRAND licence were tied to that form. It would be pointless and wasteful to proceed with inquiries relating to a patent that can never exist in that form. The damages inquiry should also be adjourned pending the Supreme Court's decision in Virgin Atlantic Airways v Contour, as its outcome may render the inquiry unnecessary.

Court Disposition

Application for adjournment allowed

Orders

  • FRAND inquiries in both actions adjourned generally
  • Damages inquiry in the Nokia action adjourned generally with liberty to restore after the Supreme Court's decision in Virgin Atlantic Airways v Contour