Samsung Electronics Co Ltd v Apple Retail UK Ltd & Anor

The appeal should proceed as a single hearing for both patents; no order as to costs of the applications; costs occasioned by the adjournment are reserved; permission to appeal to the Supreme Court is refused; no stay is granted pending Supreme Court application.

Parties: Appellant/claimant: Samsung Electronics Co Ltd; Respondent/defendant: Apple Retail UK Ltd; Respondent/defendant: Apple Sales International
Jurisdiction: England and Wales
Judgment Date: 01 April 2014
Procedural Posture: Civil Appeal / Judgment on Form of Order Following Interlocutory Applications
Outcome: applications allowed and dismissed in part; no order as to costs; costs of adjournment reserved; permission to appeal refused; stay refused
Legal Topics: Patents, Adjournment, Costs, Abuse of Process, Appeal Procedure

Intellectual Property Civil Procedure Patents Adjournment Costs Abuse of Process Appeal Procedure

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Parties

Samsung Electronics Co Ltd

Appellant/claimant

Apple Retail UK Ltd

Respondent/defendant

Apple Sales International

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Form of Order Following Interlocutory Applications

Legal Issues

1 Whether the appeal should be split between two patents or heard together
2 Entitlement to costs of applications and adjournment
3 Whether permission to appeal to the Supreme Court should be granted

Ratio Decidendi

Court Disposition

applications allowed and dismissed in part; no order as to costs; costs of adjournment reserved; permission to appeal refused; stay refused

Orders

Single hearing for both patents to proceed
No order as to costs of applications