HTC Corp v Nokia Corp

HTC Corp v Nokia Corp

HTC's application to amend was refused because the amendments were raised late, would cause significant prejudice and burden to Nokia, and could have been raised earlier without such prejudice. The balance of factors weighed against permitting the amendments at this stage.

Parties
Claimant: HTC Corporation; Defendant: Nokia Corporation
Jurisdiction
England and Wales
Judgment Date
09 September 2013
Procedural Posture
Patent Infringement and Invalidity / Ruling on Application to Amend Grounds of Invalidity
Outcome
Application to amend grounds of invalidity refused.
Legal Topics
Patent Amendment, Insufficiency, Trial Procedure, Late Amendment, Prejudice, Pleading Clarity
Intellectual Property Patent Law Patent Amendment Insufficiency Trial Procedure Late Amendment Prejudice Pleading Clarity

Case Brief

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Parties

HTC Corporation

Claimant

Nokia Corporation

Defendant

Procedural Posture

Patent Infringement and Invalidity / Ruling on Application to Amend Grounds of Invalidity

Legal Issues

  1. 1 Whether HTC should be permitted to amend grounds of invalidity to add new insufficiency pleas against Nokia patents EP (UK) 0 998 024 and EP (UK) 1 133 831 shortly before trial

Ratio Decidendi

HTC's application to amend was refused because the amendments were raised late, would cause significant prejudice and burden to Nokia, and could have been raised earlier without such prejudice. The balance of factors weighed against permitting the amendments at this stage.

Court Disposition

Application to amend grounds of invalidity refused.

Orders

  • HTC's application to amend grounds of invalidity in respect of patents EP (UK) 0 998 024 and EP (UK) 1 133 831 is denied.