NIPC Law

Supreme People's Court of the Peoples' Republic of China Author ONUnicorn   Licence CC BY-SA 3.0   Source Wikimedia   Common   J ane Lambert Patents Court (HH Judge Hacon)  Nokia Technologies OY and another v Oneplus Technology (Shenzhen) Co., Ltd and other s (Rev1) [2021] EWHC 2952 (Pat) (4 Nov 2021) This was an application to HH Judge Hacon sitting as a judge of the Patents Court to set aside service of patent infringement proceedings on defendants that had been incorporated in China and to stay the action against the defendants that had been incorporated here to abide the outcome of proceedings in China to determine the terms of a FRAND licence for the claimants' patent portfolio on the basis that China was the more appropriate forum.  Alternatively, a stay of the whole action or at least the determination of the licence terms was sought on case management grounds.        The applicants contended that the circumstances that had led to...

  Jane Lambert Chancery Division (Iain Purvis QC) Semtech Corporation and others v Lacuna Space Ltd and others [2021] EWHC 1143 (Pat) (5 May 2021) This was a challenge to the court's jurisdiction by two former employees of the third claimant under art 22.1 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters OJ L 351, 20.12.2012, p. 1–32 ("the Brussels Recast Regulation) .  That article provides that an employer may bring proceedings against its employee only in the courts of the Member State in which the employee is domiciled.  The application came on before Mr Iain Purvis QC sitting as a deputy judge of the High Court on 30 April 2021.  At para [75] of his judgment in  S emtech Corporation and others v Lacuna Space Ltd and other s [2021] EWHC 1143 (Pat) (5 May 2021), the learned deputy judge found that he had...