vodafone GmbH -v- IV International Licensing and Intellectual Ventures II LLC [2016] IEHC 321 (14 June 2016)

vodafone GmbH -v- IV International Licensing and Intellectual Ventures II LLC [2016] IEHC 321 (14 June 2016)

The court granted leave to serve notice of proceedings outside the jurisdiction because Ireland is the appropriate forum, the alleged tortious conduct has sufficient connection to Ireland, and both defendants are necessary and proper parties. The application satisfied the requirements of Order 11, Rule 1(f) and (h).

Citation
[2016] IEHC 321
Parties
Plaintiff: Vodafone GmbH; Defendant: IV International Licensing; Defendant: Intellectual Ventures II LLC
Jurisdiction
Ireland
Judgment Date
14 June 2016
Procedural Posture
Ex Parte Application for Leave to Serve Notice Outside Jurisdiction / Application for Leave to Serve Notice of Plenary Summons
Outcome
Leave granted to serve notice of plenary summons outside jurisdiction.
Legal Topics
Standard Essential Patents, FRAND Licensing, Abuse of Dominant Position, Service Out of Jurisdiction, Tortious Conduct
Patent Law Competition Law Civil Procedure Standard Essential Patents FRAND Licensing Abuse of Dominant Position Service Out of Jurisdiction Tortious Conduct

Case Brief

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Parties

Vodafone GmbH

Plaintiff

IV International Licensing

Defendant

Intellectual Ventures II LLC

Defendant

Procedural Posture

Ex Parte Application for Leave to Serve Notice Outside Jurisdiction / Application for Leave to Serve Notice of Plenary Summons

Legal Issues

  1. 1 Whether defendants' offer to license patents was on FRAND terms
  2. 2 Whether defendants abused a dominant position under Article 102 TFEU
  3. 3 Whether Ireland is the appropriate forum for proceedings

Ratio Decidendi

The court granted leave to serve notice of proceedings outside the jurisdiction because Ireland is the appropriate forum, the alleged tortious conduct has sufficient connection to Ireland, and both defendants are necessary and proper parties. The application satisfied the requirements of Order 11, Rule 1(f) and (h).

Court Disposition

Leave granted to serve notice of plenary summons outside jurisdiction.

Orders

  • Leave to serve notice of plenary summons on IV LLC at Delaware address
  • 35-day time limit for IV LLC to enter appearance after service