Appeal against refusal to dismiss claim for breach of mobile phone patents. Appeal dismissed.
‘Normally before the Court will exercise its discretion to grant a declaration, there must be some real reason for doing so. Normally it will decline to grant a declaration in favour of a party against whom no claim has been formulated for the obvious reason that there is no real point in doing so . . . There would have to be a real commercial reason for the person seeking the declaration no have standing to do so.’
Judges:
The Rt Hon Lord Justice Waller
The Rt Hon Lord Justice Carnwath
And
The Rt Hon Lord Justice Jacob
Citations:
[2006] EWCA Civ 1618, [2007] FSR 23
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Sheeran and Others v Chokri and Others ChD 6-Apr-2022
Insufficient Evidence to say Song was Copied
S sought a declaration that he had not copied the defendant’s song with his own. The court examined the musical details of both songs.
Held: The song was not copied. The defendant had not shown that the claimant knew anything of the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 07 April 2022; Ref: scu.246764
