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Nokia Co v InterDigital Technology Co

Nokia Co v InterDigital Technology Co 26 April 2005 Mummery, Rix, and Jacob, LJJ Court of Appeal [2004] EWCA Civ 614 [2005] ArbLR 44 Arbitration proceedings--Parallel court proceedings--Stay--ICC arbitration underway in New York--Parties agreeing to exclude question of validity of patents from arbitration--Proceedings commenced before English courts on validity of patents--Whether to stay English proceedings (no) No stay of court proceedings to determine issue excluded from arbitration Nokia took a lump sum licence from InterDigital in 1999 for two periods. In period two, no royalty was payable unless a `major competitor' of Nokia took a licence. Disputes arose as to whether further royalties were due for period two and, if so, what royalties were payable. The dispute was referred to ICC arbitration in New York. Nokia claimed that the patents under which a licence was available contained a number that were either invalid or not infringed by a manufacturer who sought to comply with GSM standards. Nokia applied to revoke three patents and thereby obtain judgment as to validity that could be deployed in the arbitration. InterDigital applied for an order to restrain Nokia from pursuing action before courts in the United States to obtain evidence, a declaration that the documents were irrelevant to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Nokia Co v InterDigital Technology Co

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Nokia Co v InterDigital Technology Co

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

26 April 2005 Mummery, Rix, and Jacob, LJJ Court of Appeal [2004] EWCA Civ 614 [2005] ArbLR 44 Arbitration proceedings--Parallel court proceedings--Stay--ICC arbitration underway in New York--Parties agreeing to exclude question of validity of patents from arbitration--Proceedings commenced before English courts on validity of patents--Whether to stay English proceedings (no) No stay of court proceedings to determine issue excluded from arbitration Nokia took a lump sum licence from InterDigital in 1999 for two periods. In period two, no royalty was payable unless a `major competitor' of Nokia took a licence. Disputes arose as to whether further royalties were due for period two and, if so, what royalties were payable. The dispute was referred to ICC arbitration in New York. Nokia claimed that the patents under which a licence was available contained a number that were either invalid or not infringed by a manufacturer who sought to comply with GSM standards. Nokia applied to revoke three patents and thereby obtain judgment as to validity that could be deployed in the arbitration. InterDigital applied for an order to restrain Nokia from pursuing action before courts in the United States to obtain evidence, a declaration that the documents were irrelevant to

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.601
Publisher site
See Article on Publisher Site

Abstract

26 April 2005 Mummery, Rix, and Jacob, LJJ Court of Appeal [2004] EWCA Civ 614 [2005] ArbLR 44 Arbitration proceedings--Parallel court proceedings--Stay--ICC arbitration underway in New York--Parties agreeing to exclude question of validity of patents from arbitration--Proceedings commenced before English courts on validity of patents--Whether to stay English proceedings (no) No stay of court proceedings to determine issue excluded from arbitration Nokia took a lump sum licence from InterDigital in 1999 for two periods. In period two, no royalty was payable unless a `major competitor' of Nokia took a licence. Disputes arose as to whether further royalties were due for period two and, if so, what royalties were payable. The dispute was referred to ICC arbitration in New York. Nokia claimed that the patents under which a licence was available contained a number that were either invalid or not infringed by a manufacturer who sought to comply with GSM standards. Nokia applied to revoke three patents and thereby obtain judgment as to validity that could be deployed in the arbitration. InterDigital applied for an order to restrain Nokia from pursuing action before courts in the United States to obtain evidence, a declaration that the documents were irrelevant to

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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