IPCom v. HTC Europe & others [2013] EWCA Civ. 1496
Henry Carr QC, Brian Nicholson, and Kathryn Pickard acted for IPCom, successfully resisting HTC’s appeal against Mr Justice Roth’s refusal to stay infringement and validity proceedings on a European Patent (UK) until the conclusion of co-pending European Patent Office Opposition Proceedings. In this important decision, the Court of Appeal undertook a careful review of the so-called Glaxo Guidance (following the observation of the Supreme Court in Virgin Atlantic Airways v. Zodiac Seats UK [2013] UKSC 46 that such a review was necessary in the light of the Supreme Court’s overturning of Unilin, Coflexip and Poulton). The recast guidance will apply to the conduct of all future UK Patent cases where there are co-pending Opposition Proceedings before the EPO.