Kigen v Thales
Iain Purvis KC, Kathryn Pickard, David Ivison and Miruna Bercariu were instructed by Reed Smith LLP to act for Kigen in the Kigen v Thales HP-2022-000011 FRAND dispute relating to standards-essential eSIM patents. This case was atypical in several respects, which gave rise to interesting legal challenges: it was a FRAND-first trial, the patents were asserted to be essential to GSMA standards, the claimant was the implementer, the negotiation only concerned four patent families, and Kigen was given permission to rely on technical evidence in the FRAND trial with respect to issues relating to the essentiality and validity of the patents in question. The case settled after the PTR.
This was Miruna’s first case as a junior tenant. She was involved in the preparation of expert reports, with a particular focus on the technical evidence, as well as in disclosure, several procedural applications and the drafting of the trial skeleton.