Oh Won't You Lot Remain ...?

This comes from Sweet & Maxwell's Lawtel subscription service. Mr Justice Pumfrey handed downwards a conclusion on the staying of patent proceedings inwards Nokia Corporation v Interdigital Technology Corporation, decided inwards the Patents Court yesterday. Interdigital -- who owned 3 patents which Nokia was seeking to invalidate -- applied for (among other things) (i) an injunction to halt Nokia from pursuing for certain applications inwards the U.S.A. courts, (ii) a remain of UK of Britain together with Northern Republic of Ireland proceedings pending the trial of an arbitration betwixt the parties.

Pumfrey J refused to grant either of these applications, asset equally follows:

* H5N1 conclusion equally to whether to trammel the U.S.A. applications was non a mere case-management decision: Interdigital would accept to exhibit at that spot had been abusive behavior on Nokia's role which was prejudicial to Interdigital. On the cloth earlier the court, Interdigital could non create so.

* Under the court's illustration administration powers, given at that spot was no footing for a stay, a court's main duty was to convey a illustration on for trial equally shortly equally possible together with non to remain it.

is concerned that, equally patent disputes choke increasingly international, to a greater extent than together with to a greater extent than fourth dimension together with endeavour is spent inwards dealing amongst purely jurisdictional issues rather than facing the noun ones. Perhaps the side past times side major first inwards the plain of IP should hold upward a comprehensive treaty roofing all the issues relating to issues of choice of jurisdiction, stays etc when viewed from the perspective of IP.

More on stays here together with here