Vodafone v IPCom [2023] EWCA Civ 113
Vodafone v IPCom [2023] EWCA Civ 113
IPCom was the registered proprietor of European Patent (UK) No 2 579 666 relating to the allocation of access rights within a telecommunications network. At trial, Mr Recorder Campbell held the Patent valid and infringed by Vodafone. Vodafone’s appeal was dismissed by the Court of Appeal. Vodafone had been ordered by both Mr Recorder Campbell and the Court of Appeal to pay (and Vodafone had paid) a portion of IPCom’s costs. The Patent was subsequently revoked ab initio by the Technical Board of Appeal of the European Patent Office. Vodafone applied under CPR rule 3.1(7) to set aside the earlier order of the Court of Appeal and sought repayment of IPCom’s costs and a costs award in their favour.
The application was heard by Lord Justice Lewison, Lady Justice Asplin and Lord Justice Arnold on 10 February 2023. The Court of Appeal dismissed Vodafone’s application on the basis that there was no jurisdiction to reopen a final order under 3.1(7) save in relation to continuing orders (such as final injunctions). In any event, even if jurisdiction had existed, Vodafone were the authors of their own misfortune for failing to take steps to protect themselves against the foreseeable events which transpired.
Brian Nicholson KC and Adam Gamsa appeared for IPCom, instructed by Bristows LLP.
[2023] EWCA Civ 113