The claimant sought damages for patent infringement. The respondent asserted that the refusal to licence the patent amounted to an abuse of its dominant position. Complaint had also been brought in the US.
Held: The licence offered by Intel would distort the market. The refusal to licence on other terms prevented other companies even getting a foothold in the market. However the refusal to licence an intellectual property is a right in the owner save when it is an abuse, and even then the defence is only available exceptionally. The defendant had not made out the conditions precedent. Summary judgement for the claimant.
Mr Justice Lawrence Collins
 EWHC 1159 (Ch)
EC Treaty 81(1) 82
England and Wales
Cited – Sel-Imperial Ltd v The British Standards Institution ChD 23-Apr-2010
The defendant had developed a draft standard for automotive body repairs. It included a requirement that any replacement parts must be either the manufacturer’s own or certified under a recognised conformity certification scheme. The claimant . .
Appeal from – Intel Corporation v Via Technologies Inc, Elitegroup Computer Systems (UK) Ltd Via Technologies Inc , Via Technologies (Europe) Ltd, Realtime Distribution Ltd CA 20-Dec-2002
Infringement of patents.
Held: With regard in particular to competition law claims (or defences), where the area of law is in the course of development the court should be cautious ‘to assume that it is beyond argument with real prospect of . .
These lists may be incomplete.
Updated: 23 March 2021; Ref: scu.175275