Concurrent patent proceedings: to stay or not to stay?
The issue before the Court of Appeal in IPCom GmbH & Co Ltd v HTC Europe Ltd and others was the approach to be taken by national courts in patent proceedings where the validity of the same patent was also being considered at the European Patent Office.
EPO decisions take precedence over national decisions where the two conflict. National proceedings are often completed before EPO proceedings. Where this happens, and the EPO decision is at odds with the earlier national decision, the national decision is undermined — defeating the purpose of the proceedings. Logically, therefore, staying the national proceedings pending the EPO decision makes sense — save that EPO proceedings can be very long, and parties will often not have the luxury of time to play with…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
In the recent case of West v Ian Finlay & Associates, the Court of Appeal found that net contribution clauses ‘are by no means unusual’.
The Financial Reporting Council has published changes to the UK Corporate Governance Code.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.