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Infringement of a UK standard essential patent does not justify global damages (IPCom GmbH & Co KG v HTC Europe Co Ltd)

Infringement of a UK standard essential patent does not justify global damages (IPCom GmbH & Co KG v HTC Europe Co Ltd)
Published on: 11 November 2020
Published by: LexisPSL
  • Infringement of a UK standard essential patent does not justify global damages (IPCom GmbH & Co KG v HTC Europe Co Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Strike out of ex UK devices
  • No strike out of non-infringing UK devices
  • Stay and Appeal

Article summary

IP analysis: The UK Patents Court has struck out a claim that damages for infringement of a UK standard essential patent (SEP) should be calculated by reference to sales of devices outside of the UK, because the foreign sales were not caused by the UK infringement. This decision provides important clarification that SEP damages are not approached on the same basis as fair, reasonable and non-discriminatory (FRAND) licence terms (where the UK Supreme Court has recently confirmed that the patent holder’s ETSI undertaking empowers the UK Courts to determine FRAND licence terms of a portfolio of patents including foreign patents). Written by Katie McConnell, partner and Ian Moss, senior associate at Hogan Lovells LLP who discuss the firm’s important victory for its client HTC against IPCom in this long-running patent litigation battle. The Hogan Lovells team also included Paul Brown, partner, James Gray, associate, and Raina Hayles, trainee. or take a trial to read the full analysis.

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