Vodafone Group Plc & Ors v IPCom GmbH & Co KG

Vodafone Group Plc & Ors v IPCom GmbH & Co KG

The Court of Appeal does not have jurisdiction under CPR rule 3.1(7) to vary or revoke its sealed final order following the revocation of the patent by the EPO; Vodafone's only available remedy is through CPR rule 52.30 or appeal to the Supreme Court.

Parties
Applicant: Vodafone Group PLC; Applicant: Vodafone Limited; Applicant: Vodafone UK Limited; Respondent: IPCom GmbH & Co KG
Jurisdiction
England and Wales
Judgment Date
10 February 2023
Procedural Posture
Civil Appeal / Application to Vary/revoke Final Order Post Patent Revocation
Outcome
Application dismissed
Legal Topics
Patent Revocation, Costs Orders, Case Management Powers, Res Judicata, CPR Rule 3.1(7), CPR Rule 52.30
Intellectual Property Civil Procedure Patent Revocation Costs Orders Case Management Powers Res Judicata CPR Rule 3.1(7) CPR Rule 52.30

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Parties

Vodafone Group PLC

Applicant

Vodafone Limited

Applicant

Vodafone UK Limited

Applicant

IPCom GmbH & Co KG

Respondent

Procedural Posture

Civil Appeal / Application to Vary/revoke Final Order Post Patent Revocation

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction under CPR rule 3.1(7) to vary or revoke a sealed final order after patent revocation
  2. 2 Whether CPR rule 52.30 provides an alternative remedy
  3. 3 Impact of EPO patent revocation on prior costs and damages orders

Ratio Decidendi

The Court of Appeal does not have jurisdiction under CPR rule 3.1(7) to vary or revoke its sealed final order following the revocation of the patent by the EPO; Vodafone's only available remedy is through CPR rule 52.30 or appeal to the Supreme Court.

Court Disposition

Application dismissed

Orders

  • Vodafone's application under CPR rule 3.1(7) is refused.
  • No variation or revocation of the sealed final order.