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England and Wales decisions
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Le Patourel v BT Group PLC & Anor [2025] EWCA Civ 1061 (01 August 2025)
The Court of Appeal refused permission to appeal in BT excessive-pricing collective action litigation, holding the CAT’s evidential and cost-allocation assessments disclosed no legal error.
The Court of Appeal refused permission to appeal, holding that the CAT did not err in law in its approach to expert evidence, allocation of common costs, or evaluation of economic value and justification for pricing. The applicant’s grounds were factual or evaluative disputes within the CAT’s discretion and did not amount to errors of law or irrationality.
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Meta Platforms Inc & Ors v Gormsen [2024] EWCA Civ 1322 (01 November 2024)
The Court of Appeal refused Meta permission to appeal against CAT certification of an opt-out collective claim alleging abusive collection of off-Facebook data.
Oppo is not already licensed nor an ETSI Clause 6.1 Beneficiary; Clause 6.1 requires the patentee to make a FRAND offer capable of acceptance, not to grant a licence immediately. The patentee may choose between FRAND options, and Oppo's willingness is qualified by its insistence on Chongqing terms. Seeking an injunction is not an abuse of dominance as Oppo can avoid it by accepting FRAND terms set by the English court.
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The CAT was entitled to conclude that the claim was arguable, both in terms of the methodology for unfair pricing and the articulation of causation, and did not err in law by certifying the proceedings and refusing permission to appeal.
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Nokia Technologies OY & Anor v OnePlus Technology (Shenzhen) Co, Ltd & Ors [2023] EWHC 1912 (Pat) (26 July 2023)
The Patents Court held Oppo was not already licensed and not a Clause 6.1 beneficiary, and could not avoid a UK injunction by promising to take Chongqing-set FRAND terms.
The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2023] EWCA Civ 763 (03 July 2023)
The Court of Appeal upheld the dismissal of Servier’s appeal, holding that the mitigation defence over perindopril did not require further disclosure from all PCTs or Health Boards.
BT Group Plc v Patourel [2022] EWCA Civ 593 (06 May 2022)
The Court of Appeal upheld an opt-out collective proceedings order against BT, rejecting arguments that the CAT had to prefer opt-in proceedings.
The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2022] EWHC 369 (Ch) (21 February 2022)
Preliminary issues in Servier perindopril damages claims; the court rejected the argument that health authorities should have promoted switching to cheaper ACE inhibitors.
Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2021] EWHC 2564 (Pat) (27 September 2021)
The court held Apple did not have to commit to a court-determined FRAND licence before Trial E and refused an immediate injunction.
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