NIPC Law

Photo   Maebmij   Licence CC BY-SA 3.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lord Justices Newey, Arnold and Birss)    Optis Cellular Technology LLC and others v Apple Retail UK Ltd and other s [2023] EWCA Civ 758 (4 July 2023) This was an appeal by Applie Inc and two of its subsidiaries ("Apple") against the judgment of Mr Justice Meade in    Optis Cellular Technology LLC and others v Apple Retail Uk Ltd and others [2022] EWHC 561 (Pat) (15 March 2022) that European patents (UK)  2 187 549 B1  and 2 690 810 B1  were valid, essential to the LTE standard  and infringed by Apple.  The action before Mr Justice Meade was called "Trial D" because it was the last of a series of trials to determine whether a portfolio of patents that had been granted to Panasonic and subsequently assigned to the respondents were valid and essential to the LTE standard and whether they had been infringed.  To put this litigati...

"In this case", began Lord Sumption in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46 (3 July 2013).  "Virgin Atlantic Airways Ltd wishes to recover damages exceeding £49,000,000 for the infringement of a European Patent which does not exist in the form said to have been infringed. The Technical Board of Appeal ( "TBA" ) of the European Patent Office ( "EPO" ) has retrospectively amended it so as to remove with effect from the date of grant all the claims said to have been infringed." The reason why Virgin contended that it was nevertheless entitled to those damages is that the Court of Appeal had held that those same claims were valid and had been infringed, that the questions of validity and infringement were now res judicata  and thus not capable of review and that there was authority to that effect from thee Court of Appeal in  Coflexip S.A. and another v Stolt Offshore Ms Ltd. and others [2004] EWCA Civ 213 (27 Feb 20...