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The English High Court tackled the thorny issue of the alleged infringement of a ‘standard-essential’ patent, and has found for the patentee.
Vringo Infrastructure Inc owns a patent (originally obtained by Nokia) relating to the process of soft handover of a mobile phone call between base stations when the phone moves between cells. The patent was declared as being essential to a number of 3G telecommunication standards.
The defendant – ZTE (UK) Limited – is a global provider of telecommunications equipment and network solutions. Vringo claimed that some of ZTE’s products infringed.
In a crisp and clear judgment, Birss J (no stranger to disputes of this nature) found that the patent was valid over prior art which included earlier standard related documentation, and infringed. Vringo successfully side-stepped allegations of being a patent troll – a question which the judge found to be prejudicial and irrelevant (where no competition law defence relating to Vringo’s acts was relied on).
So, a victory for Vringo, this decision will give continued encouragement to those holding essential patents to try their luck in the English courts.
With cross-country travel and in person gatherings largely prohibited due to the Covid-19 pandemic, the Courts are using remote or virtual trials to ensure the justice system ticks along.
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Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.
Mediation has long been considered an effective method of alternative dispute resolution. With ‘in-person’ mediations no longer possible, remote or online mediations have risen to the fore.
The world of healthtech and digitech is continuing to develop at pace and as a result of Covid-19 we are seeing it being used and implemented to a greater extent across the NHS and wider health and care market.
Partner and Head of Business Services
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