EIP today achieved further success for its Finnish client Teleste Corporation, manufacturer of cable television equipment, and their UK subsidiary Teleste Limited when His Honour Judge Hacon, sitting as a Deputy Judge of the United Kingdom Patents Court, handed down his decision in Technetix BV and Technetix Limited’s patent infringement action against Teleste Limited.
The Judgment was favourable to Teleste in that the Judge determined that Technetix’s patent was invalid on several grounds and that it should be revoked.
This decision follows on from a previous decision of Judge Hacon in January of this year in another action brought by Technetix against Teleste alleging infringement of its United Kingdom patent relating to tap banks. In that earlier decision Judge Hacon, then sitting as a Judge in the Intellectual Property Enterprise Court (IPEC), found that Technetix’s patent in that case was also invalid and should be revoked.
Gary Moss, the Head of EIP Legal, who led the EIP team on both actions, said:
“This latest decision coupled with the earlier IPEC decision represents a very satisfactory outcome for our client, Teleste Corporation. These cases have been hanging over them since the end of 2016, and it has been a surprisingly long haul. These two decisions are a complete vindication of the positions which our client adopted in these actions and are the outcome of some very hard work by our team.”
Johan Slotte, the Deputy CEO of Teleste Corporation, said:
“We are obviously very pleased and gratified at the outcome of these two cases and are appreciative of Judge Hacon’s careful consideration of the issues. We were subject to some very serious allegations and it is good that these have now been shown to be without merit.
We would like to thank our lawyers, EIP Legal, for their fine work in the conduct of both actions and for their sound advice and continued support throughout."
It is not clear whether Technetix will seek to appeal this latest decision. They can only do so with the permission of the Judge or the Court of Appeal. Technetix did not seek to appeal the IPEC judgment earlier this year.
The EIP team comprised Gary Moss, Angela Jack, Jack Dickerson, Owen Waugh and Laurence Brown. Counsel for Teleste were James Mellor QC and Thomas Jones.
Partners from EIP will chair and host panel discussions at MIP European Patent Forum 2019 events on 24 and 26 September.
Gary Moss and Matt Jones will chair the Paris and Munich events respectively. At both events, EIP will host a panel discussion entitled “Strategic considerations when planning and enforcing your international patents”. Kathleen Fox-Murphy will moderate the panel discussion in both cities, with Christof Höhne as speaker in Paris and Isabelle Schaller joining the session in Munich.
This will be the sixth year of the MIP European Patent Forum and will see more than 100 senior patent professionals gather in each location to share ideas and experiences on filing, managing and litigating patent portfolios.
EIP will host an event for members of the IPSoc at our London office on 25 September.
IPSoc is a society dedicated to junior IP practitioners and organises a mixture of social and education events. The Autumn social is invite-only for IPSoc members and will feature a presentation by Justin Turner QC on "Injunctive Relief & Arrow Declarations in Patent Actions". It will be followed by drinks and networking.
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EIP continues to build its German presence with the hire of Florian Schmidt-Bogatzky from Bird & Bird, who will join as partner on 1st August.
A key focus of Florian's work is electronics patent litigation – during his 14-year career at Bird & Bird he has participated in landmark litigation for Nokia and Broadcom both on the implementation and SEP-side.
He is also active in patent litigation in other sectors, having recently represented child seat manufacturer HTS Be Safe in several patent infringement litigations.
EIP’s German office now has three partners and three associates.
“With his skillset, Florian is a perfect addition to the German EIP team,” said Christof Höhne, head of the Düsseldorf office, who previously worked with Florian at Bird & Bird.
Gary Moss, Head of EIP Legal, said: “I am delighted to have Florian join the firm with his extensive patent litigation and SEP experience. Florian’s hire is another example of the firm’s recent growth and commitment to the German market.”