Research In Motion UK Ltd v Visto Corp.

Research In Motion UK Ltd v Visto Corp.

The Italian court is the first seised and is the appropriate forum to determine issues of jurisdiction and abuse of process regarding the Italian proceedings. The English court should not investigate or award damages for alleged abuse of process in the Italian court. The counterclaim relating to abuse of Italian process is dismissed under Article 28 of Council Regulation 44/2001.

Parties
Claimant: Research In Motion UK Limited; Defendant: Visto Corporation
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Civil / Judgment
Outcome
counterclaim dismissed
Legal Topics
Abuse of Process, Jurisdiction, Patent Law, Damages, Stay of Proceedings
Civil Procedure Intellectual Property European Union Law Abuse of Process Jurisdiction Patent Law Damages Stay of Proceedings

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Parties

Research In Motion UK Limited

Claimant

Visto Corporation

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Which court is appropriate to determine jurisdiction and abuse of process regarding Italian proceedings?
  2. 2 Should the English court dismiss or stay the counterclaim under Article 28 of Council Regulation 44/2001?
  3. 3 Can damages be awarded under Article 96 of the Italian Civil Procedure Code or English tort law for alleged abuse of process?

Ratio Decidendi

The Italian court is the first seised and is the appropriate forum to determine issues of jurisdiction and abuse of process regarding the Italian proceedings. The English court should not investigate or award damages for alleged abuse of process in the Italian court. The counterclaim relating to abuse of Italian process is dismissed under Article 28 of Council Regulation 44/2001.

Court Disposition

counterclaim dismissed

Orders

  • Counterclaim relating to abuse of Italian process dismissed under Article 28 of Council Regulation 44/2001.
  • Any unfairness to Visto to be dealt with in costs.