Whilst ostensibly a standards essential patents dispute, there have now been two decisions from the English Courts in this case both on the construction of a licence agreement under Californian law. These two judgments have come before any substantive decisions on infringement or validity of the three patents asserted by Philips against Asus and HTC….
The English High Court (Arnold J.) has granted an application for a stay of the UK High Court proceedings to revoke the UK designation of an EP patent pending the outcome of opposition proceedings at the EPO. The decision is unusual as Arnold J had previously refused to stay the validity proceedings in this case…
The High Court (Arnold J.) decided to refer further questions on the interpretation of Article 3 of the SPC Regulation to the CJEU,, particularly in relation to the Article 3(a) requirement that “the product is protected by a basic patent in force”, suggesting an interpretation which focuses on the “inventive concept” of the patent rather…
