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Showing posts with the label bad faith

Patents - Samsung Electronics Co., Ltd v ZTE Corporation

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Chongqing Municipal People's Auditorium Author Iswzo   Licence CC BY-SA 4.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Jackson, Arnold and Birss)  Samsung Electronics Co., Ltd and another v ZTE Corporation and other s [2025] EWCA Civ 1383 (31 Oct 2025) This was an appeal by ZTE Corporation and others ("ZTE") against the decision of Mr Justice Mellor in  Samsung Electronics Co Ltd and Another v ZTE Corporation and others [2025] EWHC 1432 (Pat) (25 June 2025) to grant Samsung Electronics Co Ltd and Samsung Electronics (UK) Ltd ("Samsung"), the following interim declarations: "1. ZTE are in breach of their obligations of good faith under clause 6.1 of the ETSI IPR Policy. 2. A willing licensor in the position of ZTE, and in light of the undertaking given by Samsung, would enter into the interim cross-licence with Samsung on terms and including the sum to be paid by Samsung by way of royalty in respect of the interim licence period...

Trade Marks - Wise Payments Ltd v With Wise Ltd.

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  Jane Lambert Intellectual Property Enterprise Cour t (Recorder Amanda Michaels) Wise Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) (11 July 2025) This was a claim for trade mark infringement and  passing off , and a counterclaim for trade mark invalidation and passing off. The action and counterclaim were tried by Recorder Amanda Michaels between 14 and 16 May 2025. These proceedings were unusual in that the trial lasted more than 2 days and there were more than the average number of interim applications.  I discussed two of those applications in  Practice - Wise Payments Ltd v With Wise Ltd. and others   on 22 Feb 2024.  Recorder Michaels handed down her judgment on the claim and counterclaim in  WISE Payments Ltd v With Wise Ltd and others [2025] EWHC 1722 (IPEC) on 11 July 2025.  She found for each of the parties on particular issues of the claim and counterclaim. The Claimant The Claimant was Wise Payments Ltd ...

The Supreme Court's Judgment in SkyKick v Sky

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UK Supreme Court By Dietmar Rabich, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=52871829   Jane Lambert Supreme Court ( Lords Reed (President), Lloyd-Jones, Kitchin, Hamblin and Burrows)  SkyKick UK Ltd and another  v Sky Ltd and others (Rev1) [2024] UKSC 36 (13 Nov2024) This was an appeal against the judgment of the Court of Appeal in  Sky Ltd and others v Skykick, UK Ltd and another (Rev2) [2021] EWCA Civ 1121 (26 July 2021) which I discussed in The Appeal - Sky v Skykick   on 10 Sept 2021. It was heard by Lords Reed, Lloyd-Jones, Kitchin, Hamblin and Burrows on 28 and 29 June 2023. Judgment allowing the appeal in part was handed down on 13 Nov 2024 (see SkyKick UK Ltd and another v Sky Ltd and ot hers (Rev1) [2024] UKSC 36 (13 Nov 2024)).  While waiting for judgment to be delivered the parties settled their differences. The appellants applied with the respondents' agreement for leave to withdraw their appeal and the parties aske...