0370 270 6000

already registered?

Please sign in with your existing account details.

Sign in with LinkedIn

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Register with LinkedIn

Forgotten your password?

Home arrow Insights arrow Resources arrow Blogs arrow Standard essential patent valid and infringed

standard essential patent – valid and infringed

3 December 2014

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.

related opinions

Can an application to postpone a hearing be refused?

This case highlights the importance of Claimants obtaining their own medical evidence in such matters especially when it is pivotal to their claim.

View blog

A landlord’s promise, a tenant’s power

When it comes to leases, most people believe that landlords hold most of the power. However, in relation to long residential leases, the tables may well have recently turned in one respect at least following a recent Supreme Court decision.

View blog

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

View blog

High Court extends employer’s duty of care to Dubai whistleblower

Employers with global networks which include a base in the UK should be aware that they can face expensive and damaging negligence claims from employees who are based overseas regardless of the whistleblowing regime.

View blog

View all blogs
Mark Daniels

Mark Daniels

Partner and Head of Business Services

View profile

mailing list sign up



Select which mailings you would like to receive from us.

Sign up

quick links

information

  1. Investors in people
  2. Lexcel
  4. Plain English Campaign Approved

follow us...

© Copyright Browne Jacobson LLP 2020 - All rights reserved