Koninklijke Philips N.V. v Asustek Computer Incorporation, HTC Corporation & Ors [2016] EWHC 867 (Pat)
This was an application for a preliminary issue in a three patent infringement action concerning high speed packet access (HSPA) technology in mobile telecommunication networks. The preliminary issue sought by HTC was a determination of whether an agreement between Philips and a third party could provide a defence to some or all of the claim. Mr John Baldwin QC (sitting as a deputy Judge of the Patents Court) considered the relevant matters set out in Wagner International AG v Earlex [2011] EWHC 3897 (Pat). He held that the preliminary issue is sufficiently discrete for an early decision on the point to be capable of resolution in a form which will have a significant impact on the litigation as a whole and ordered that it be heard in July 2016.
Brian Nicholson and Adam Gamsa appeared for Philips.