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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 success that the existing case law will not be extended or modified’ so as to encompass the basis of argument advanced.

Judges:

The Vice-Chancellor Lord Justice Mummery Lord Justice Tuckey

Citations:

[2002] EWCA Civ 1905, [2002] All ER (D) 346, [2003] FSR 33

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromIntel Corporation v Via Technologies Inc and others ChD 14-Jun-2002
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 . .

Cited by:

CitedAdidas-Salomon Ag v Drape and others ChD 7-Jun-2006
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights . .
CitedSel-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 . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European, Commercial

Updated: 06 June 2022; Ref: scu.178544

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