TQ Delta, LLC v ZYXEL Communications Ltd & Anor [2019] EWHC 562

The Claimant, TQ Delta, was the proprietor of two patents relating to Digital Subscriber Line (“DSL”) broadband internet technology.   EP (UK) 1 453 268 concerned a method for controlling the proportion of transmission bandwidth occupied by overhead data.  EP (UK) 1 792 430 was directed at ensuring that DSL lines report detected errors in a consistent manner.

TQ Delta asserted that the patents were each essential to various DSL standards, including ADSL2, ADSL2+, and VDSL2+.  It commenced infringement proceedings against the Defendants, ZyXEL, in late 2017, seeking relief including declarations as to Reasonable And Non-Discriminatory (“RAND”) terms upon which it could be obliged to licence ZyXEL.

Following a trial of the technical issues in January and February 2019, Henry Carr J revoked EP 1 729 430 for obviousness but found EP (UK) 1 453 268 to be valid and essential to the standards concerned.  The ‘268 Patent expires in June 2019.

Iain Purvis QC, Brian Nicholson, and David Ivison appeared for ZyXEL, instructed by Pinsent Masons LLP.

[2019] EWHC 562 (Ch)

Latest News

Anna Edwards-Stuart appointed King’s Counsel

Chambers is delighted to announce that Anna Edwards-Stuart has been appointed King’s Counsel in the 2023 competition, announced on 19th January 2024.

Miruna Bercariu joins 11 South Square

Chambers is delighted to announce Miruna Bercariu has accepted an offer of tenancy after a successful pupillage and will commence practice immediately....

Chambers UK Bar Awards 2023

Chambers is thrilled to announce we have won all three of the awards we were nominated for at the Chambers UK Bar Awards 2023. 11 South Square, IT/IP Set of the Year Brian Nicholson KC, IT/IP Silk of the Year Ka...

Edward Cronan joins 11 South Square

We are pleased to announce the arrival of a new member of chambers, Edward Cronan. Edward first came on to our radar at 11 South Square when he was a solicitor, and we watched his move to the bar in 2018 with interest. S...

Bio-science Law Review – University Inventions: When is a student a consumer?

University Inventions: When is a student a consumer? Oxford University Innovation Limited v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat) This article provides a case comment on the Judgment of Daniel Alexander KC...

Michael Silverleaf called to the Irish Bar

Chambers is pleased to announce that Michael Silverleaf has been called to the Irish Bar and has appeared in that role as part of a team representing Bristol-Myers Squibb in the Irish High Court before Barrett J. The tri...

Lionel Bently made Honorary King’s Counsel

Chambers is delighted to announce that Lionel Bently has been made an Honorary King's Counsel. Honorary KCs are awarded to those who have made a major contribution to the law of England and Wales, outside practice in...