NIPC Law

Author  Basher Eyre #   Lixnxw  CC BY-SA 2. 0 Jane Lambert Patents Court (Mr Justice Mellor)  Koninklijke Philips N.V. v Xiaomi Inc and others [2021] EWHC 1124 (Pat) (26 April 2021) On 21 Oct 2020 Koninklijke Philips N.V issued patent infringement proceedings against Xiaomi Inc and its subsidiaries in the UK, Cayman Islands and Hong Kong. Phillips claimed that the patents that the Xiaomi companies are alleged to have infringed are essential to a standard for the operation of 3G and 4G mobile phone networks for which it has undertaken to grant licences.  Phillips sought a declaration that the terms upon which it grants licences are FRAND, that is to say fair, reasonable and non-discriminatory As all the defendants except the second are outside the jurisdiction, Phillips needed the court's permission to serve them. It applied to Mr Justice Mann on 26 Oct 2020 who granted such leave to Phillips as well as other relief.  The second defendant, Xia...

Fair, Reasonable and Non-Discriminatory Photographer T umi-1983   Jane Lambert Chancery Division (Mr Justice Mann)  Koninklijke Philips NV v Tinno Mobile Technology Corporation and others [2020] EWHC 2553 (Ch) (25 Sept 2020) This was an application and cross-application in a patent infringement case.  Koninklijke Philips NV ("Phillips") claimed that the TCL Corporation and four of its subsidiaries ("TCL") had infringed two of its patents in complying with an ETSI standard for 3G and 4G phones.  At first, TCL denied infringement, challenged the essentiality and validity of the patents and the jurisdiction of the court. Later it declared itself willing to take a licence on FRAND terms and applied to the French courts to determine them. Phillips tried unsuccessfully to persuade the French court to stay the proceedings in France to allow its claim in  England to proceed.  By a decision dated 6 Feb 2020 ( Ordonnance du Juge de la Mise en État ), the French pro...