Bloomsbury IP/IT Briefing: November Teaser

The Supreme Court published an important judgment on 10 November, in which it rejected an attempt to bring a class action against Google over an alleged breach of data privacy (Lloyd v Google LLC [2021] UKSC 50). The case addresses the possibility of class actions, the availability of damages and the evaluation of wrongful use of data.

There have been two more decisions in the extensive litigation over telecoms patents between Optis and Apple. In one case concerning validity and infringement of one Optis patent, the Court of Appeal upheld Apple’s appeal that the patent was not infringed and therefore not essential to the standard (Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors (Rev1) [2021] EWCA Civ 1619).

In the other case, at the High Court, three Optis patents were found to be invalid for obviousness over one piece of prior art – although a second obviousness attack and a claim of insufficiency were both rejected (Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2021] EWHC 3121 (Pat)).

In another telecoms patent case, involving Nokia and several (mainly Chinese) implementers, HHJ Hacon confirmed the ability of the UK courts to settle FRAND terms of a patent licence covering foreign patents (Nokia Technologies OY & Nor v Oneplus Technology (Shenzhen) Co., Ltd & Ors (Rev1) [2021] EWHC 2952 (Pat)). He rejected the defendants’ jurisdiction challenge, and the argument for a stay, but acknowledged the difficulties posed by cases where there are multiple proceedings in different jurisdictions.

There was an interesting trade mark decision concerning summary judgment and permission to amend in a case concerning alleged infringement of the UK trade marks STEALTH and STEALTH VR (ABP Technology Ltd v Voyetra Turtle Beach, Inc. & Anor (Rev1) [2021] EWHC 3096 (Ch)). The judgment addressed issues including the defence of honest concurrent use and the use of marks where the proprietor has changed.

The Court of Justice of the EU published a judgment in a case involving Ferrari clarifying, for the first time, when component parts of a product can be protected as unregistered Community designs (Case C-123/20 Ferrari SpA v Mansory Design Holding GmbH, WH [ECLI:EU:2021:889])

In other developments, a bill regarding copyright remuneration on streaming services has been published, and the EU Competitiveness Council approved the Digital Markets Act and Digital Services Act.

The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

Written by James Nurton

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