EPLAW Patent Blog

DE – Schnittstellenarchitektur

German Federal Patent Court, 17 November 2010, Docket No. 5 Ni 137/09 (EU) (connected with 5 Ni 139/09 (EU) and 5 Ni 153/09 (EU)), Highpoint v. E-Plus, Ericsson and Nokia Siemens Networks.

Patent holder High Point achieves a victory in the patent dispute against E-Plus, Ericsson, and Nokia Siemens Networks in Germany. Contrary to the decision of the District Court The Hague of September 15, 2010, Docket No. 352544 / HA ZA 09-3931 (read the decision in Dutch here), the German Federal Patent Court upheld High Point’s European Patent 0 522 772 in Germany with judgment of November 17, 2010. It dismissed the invalidity complaints of E-Plus, Ericsson, and Nokia Siemens Networks against the patent, which is plead to be essential for the UMTS-standard by High Point, for being unfounded.

The written reasoning of the judgment and a short summary thereof will be published here as soon as available.

 

NL - High Point v KPN / Docket decision 'VRO'

High Point Sarl v. KPN B.V., Docket decision, The Hague District Court, The Netherlands, 9 December 2009, Docket No. 352544 / HA ZA 09-3931

The court will not (yet) suspend or stay accelerated patent regime proceedings (a regime commonly used in the Netherlands for patent cases, whereby all trial dates -for serving the writ, for submitting briefs, for oral pleadings, etc. are fixed by the court in a decision, prior to the serving of the writ), to await the outcome of a pending US discovery, or order that High Point submits documents (ex Art. 843a Dutch Code of Civil Procedure) as KPN has not yet formulated any defence which should be supported with those documents. A suspension would mean a serious disruption of the accelerated regime in patent matters. The requested oral pleadings on these procedural issues will be combined with the oral pleadings in the main proceedings. 

Read the decision (in Dutch) here.