Stay of injunction in patent infringement dispute

Kaisa Patsalides

The Court of Appeal has handed down a ruling in conclusion to the patent dispute between Adaptive Spectrum and Signal Alignment Inc (“ASSIA”) and British Telecommunications plc (“BT”).   The case concerned alleged infringement by BT of ASSIA’s European Patents relating to DSL (broadband) technology. Having found infringement of two patents and granted an injunction, the Court of Appeal accepted BT’s application for a short stay of the injunction relating to one of the infringed patents, to enable it to alter its broadband systems to render them non-infringing. This was on the condition that, for the duration of the stay, BT paid a substantial 10% royalty to ASSIA as an interim payment on account of damages pending a full enquiry. BT was also required to confirm the steps it had taken to render its systems non-infringing. The court was comfortable granting the stay on the basis that ASSIA was primarily interested in a financial remedy, and BT’s customers would have been adversely affected by a sudden disruption to its services.

Adaptive Spectrum and Signal Alignment, Inc v British Telecommunications plc [2014] EWCA Civ 1513

Post By Kaisa Patsalides (8 Posts)


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