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England and Wales decisions
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The High Court granted Microsoft Norwich Pharmacal relief against Oxide Group Limited to identify users and operators of RedVDS.com and preserve evidence.
The High Court struck out the claimants’ copyright pleading for insufficient particulars, but left the trade mark defence largely intact, aside from one correction.
The court held FLOWERBX was valid and infringed by FLOWERSBOX, FLOWERS BOX and FLOWERS BOX LONDON, rejecting descriptiveness and non-use arguments.
The patent claims are invalid for insufficiency due to uncertainty; the specification does not provide a criterion for 'substantially unchanged' flow rate, making the boundary of the claim impossible to determine. Triton's products do not infringe as the result is achieved by other components, not the diverter valve, and the risk of scalding criterion is not the applicable test.
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High Court patents judgment on Samsung’s 5G patent. The court addressed skilled person, inventive step, collocation, and plausibility arguments over an NR initial-access claim.
The Court permits Amazon to make the declaration required by the UPC LD, noting that neither party considers Amazon to be in breach of the UPC LD anti-suit injunction and that the UPC LD's position prevents de-escalation by agreement. The September RAND trial will not include Amazon's claim for damages relating to UPC territories. The Court declines to make any order against InterDigital but reserves the right to reconsider if necessary.
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There are serious issues to be tried and the claimant's case is stronger. Damages would not be an adequate remedy for the claimant if the injunction were refused, given the nature of the rights and the defendants' financial position. The balance of convenience favours granting the injunction.
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Permission to serve out is set aside for most claims due to failure to meet the merits test, inadequate pleading, lack of evidence of acts within the UK, and material non-disclosure. However, permission is re-granted for (1) the NDA claim against Exxeta, (2) breach of equitable duties of confidence by the corporate Defendants, and (3) the Trade Marks Act claim against E-Star, as these claims meet the merits test and England is the appropriate forum for them. The Copying Case, most statutory IP claims, and claims against Mr Schmid fail the merits test. Material non-disclosure occurred but is r…
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Acer Incorporated & Anor v Nokia Technologies OY [2026] EWCA Civ 604 (18 May 2026)
The Court of Appeal held that Nokia’s disputed cross-licence term was not RAND-compliant and the case management stay was conditional on its removal.
The Court of Appeal held that Nokia’s disputed licence term was not RAND and ordered the case management stay only if that term was removed.
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