Ipcom GmbH & Co Kg v HTC Europe Co Ltd & Ors

Ipcom GmbH & Co Kg v HTC Europe Co Ltd & Ors

The technical trial should not be stayed as the risk of prolonged delay and the need for commercial certainty outweigh the risk of wasted costs; the Norris Order for inspection stands, but inspection is confined to a tightly drawn confidentiality club to protect third party confidentiality interests.

Parties
Claimant: IPCom GmbH & Co KG; Defendant: HTC Europe Co Ltd; Defendant: Brightpoint Great Britain; Defendant: HTC Corporation; Third Party Applicant: Qualcomm Incorporated; Third Party Applicant: Intel Corporation; Third Party Applicant: Intel Mobile Communications GmbH
Jurisdiction
England and Wales
Judgment Date
26 September 2013
Procedural Posture
Patent Infringement and Validity / Contested Interlocutory Applications Prior to Technical Trial
Outcome
Stay of technical trial refused; Norris Order for inspection varied to restrict confidentiality club.
Legal Topics
Patent Validity, Patent Infringement, Disclosure and Inspection, Stay of Proceedings, Confidentiality Orders
Intellectual Property Civil Procedure Patent Validity Patent Infringement Disclosure and Inspection Stay of Proceedings Confidentiality Orders

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Parties

IPCom GmbH & Co KG

Claimant

HTC Europe Co Ltd

Defendant

Brightpoint Great Britain

Defendant

HTC Corporation

Defendant

Qualcomm Incorporated

Third Party Applicant

Intel Corporation

Third Party Applicant

Intel Mobile Communications GmbH

Third Party Applicant

Procedural Posture

Patent Infringement and Validity / Contested Interlocutory Applications Prior to Technical Trial

Legal Issues

  1. 1 Whether to stay the technical trial pending EPO proceedings
  2. 2 Whether to enforce or vary the Norris Order for inspection of source codes
  3. 3 Whether third parties may apply to vary inspection orders under CPR 40.9

Ratio Decidendi

The technical trial should not be stayed as the risk of prolonged delay and the need for commercial certainty outweigh the risk of wasted costs; the Norris Order for inspection stands, but inspection is confined to a tightly drawn confidentiality club to protect third party confidentiality interests.

Court Disposition

Stay of technical trial refused; Norris Order for inspection varied to restrict confidentiality club.

Orders

  • Technical trial to proceed as scheduled.
  • Inspection of source codes to be confined to nominated experts and external English lawyers under strict confidentiality.