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When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

Narrow Your Focus

Discover Insights :

HTC appeals against limited stayed injunction in favour of Nokia in patent infringement case

 

Before: Lord Justice Jackson, Lord Justice Patten, Lord Justice Tomlinson and Lord Justice Floyd

Between

Appellant/Claimant
Counteraction Defendant

HTC Corporation

and

Respondent/Defendant
Counteraction Claimant

Nokia Corp
Judgment Date: 12 December 2013

Facts

Nokia’s patent was for a modulator structure using a Gilbert cell in mobile telecommunications. HTC claimed that the patent was invalid for reasons of lack of novelty and for obviousness over two prior art patents. Nokia contended that HTC infringed the patent by use of the patented modulator structure in various of its mobile telephone products. HTC denied this, saying the modulator structure used in its products did not fall within the claims of Nokia’s patent. HTC also raised a defence of Licence.

Arnold J found Nokia’s patent valid and infringed. On the defence of a license he applied SA des Manufactures de Glaces v Tighman’s Patent Sand Blast Co (1883) 25 Ch. D. 1, that HTC could not have acquired greater rights on purchasing chips from Qualcomm  than Qualcomm had under the Agreement, that Nokia’s rights were not exhausted and there was no consent to HTC’s acts under the Agreement.

HTC contended that their should be no injunction and damages should be awarded in lieu of an injunction.  ArnoldJ granted an injunction which was stayed pending appeal in respect of HTC’s flagship product only. HTC appealed against the limited stay.

The appeal was allowed as the Judge’s approach was held to be wrong in principle.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston

 
IP & Trademark LawPAIL® Support TeamPail SolicitorsHTC, mobile application lawyer, Nokia, PAIL Solicitors, patent cases, patent disputes, patent lawyers, Peter Adediran