Facebook Ireland Ltd v Voxer IP LLC

Facebook Ireland Ltd v Voxer IP LLC

The court held that fixing the trial date prior to the case management conference is within the normal operation of the Shorter Trials Scheme and does not amount to expedition; the case is suitable for the Scheme and early fixing is justified.

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
Application granted
Legal Topics
Patent Validity, Expedited Trial, Shorter Trials Scheme, Case Management
Intellectual Property Civil Procedure Patent Validity Expedited Trial Shorter Trials Scheme Case Management

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 the trial date should be fixed prior to the case management conference under the Shorter Trials Scheme
  2. 2 Whether the application amounts to a request for expedition
  3. 3 Suitability of the case for the Shorter Trials Scheme

Ratio Decidendi

The court held that fixing the trial date prior to the case management conference is within the normal operation of the Shorter Trials Scheme and does not amount to expedition; the case is suitable for the Scheme and early fixing is justified.

Court Disposition

Application granted

Orders

  • Trial date to be fixed from a window starting at the beginning of March 2021, subject to further case management and possible transfer out of the Shorter Trials Scheme at the CMC.