Facebook Ireland Ltd v Voxer IP LLC [2020] EWHC 1806 (Pat) (07 July 2020)

Facebook Ireland Ltd v Voxer IP LLC [2020] EWHC 1806 (Pat) (07 July 2020)

Fixing a trial date from March 2021 is within the normal operation of the Shorter Trials Scheme and does not constitute expedition; the case is suitable for the Scheme, and early fixing of a date is justified.

Citation
[2020] EWHC 1806 (Pat)
Parties
Claimant: Facebook Ireland Limited; Defendant: Voxer IP LLC
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Patent Revocation Action / Application to Fix Trial Date Prior to Case Management Conference
Outcome
Order granted
Legal Topics
Patent Validity, Shorter Trials Scheme, Case Management, Expedited Trial, Cross Jurisdictional Litigation
Intellectual Property Patents Patent Validity Shorter Trials Scheme Case Management Expedited Trial Cross Jurisdictional Litigation

Case Brief

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Parties

Facebook Ireland Limited

Claimant

Voxer IP LLC

Defendant

Procedural Posture

Patent Revocation Action / Application to Fix Trial Date Prior to Case Management Conference

Legal Issues

  1. 1 Whether to fix a trial date prior to the case management conference under the Shorter Trials Scheme
  2. 2 Whether the application constitutes an application for expedition
  3. 3 Suitability of the case for the Shorter Trials Scheme

Ratio Decidendi

Fixing a trial date from March 2021 is within the normal operation of the Shorter Trials Scheme and does not constitute expedition; the case is suitable for the Scheme, and early fixing of a date is justified.

Court Disposition

Order granted

Orders

  • Trial date to be fixed from a window starting at the beginning of March 2021 as sought by the claimant.