NIPC Law

Jane Lambert   Chancery Division (Mrs Justice Joanna Smith)  Getty Images (US) Inc and others v Stability AI Lt d [2023] EWHC 3090 (Ch) (1 Dec 2023) The defendant company, Stability AI Ltd., offers to create images to its customers' specifications using a type of artificial intelligence known as "stable diffusion" .  The image in Wikipedia of a spaceman on a horse is an example.  The claimants. Getty Images (US) Inc. and its subsidiaries complain that Stability AI reproduces content from their photo libraries to make such images without their licence.  They have brought proceedings for infringement of copyright, database rights and trade marks and passing off.  Stability AI applied for summary judgment or a strike out of the claim under CPR Part 24  and CPR 3.4 . It also requested further information of the claim under CPR Part 18 .  The Getty companies cross-applied to fix dates for the case management conference, pre-trial review and trial...

Author Raysonho Licence CC 1,0     Jane Lambert Patents Court (Mr Justice Mellor) Mitsubishi Electric Corporation and another v Oneplus Technology (Shenzhen) Co Ltd and others (FRAND CMC Judgment ) [2021] EWHC 493 (Pat) (4 March 2021) This was an application for an order under Part 18 of the Civil Procedure Rules requiring the 9th to 12th defendants ("the Xiaomi defendants") to answer the claimants; requests for further information of their statement of case.  The claimants had served over 100 requests upon the Xiaomi defendants on 12 Feb 2021 most of which those defendants had offered to answer by 16 March 2021. However, there were 2 requests that they refused to answer on the grounds that they were requests for expert evidence to which the claimants were not entitled until the exchange of experts' reports. At a case management conference before Mr Justice Mellor on 2 March 2021, the claimants applied for an order requiring the 9th to 12th defendants to answer all 100 ...