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.’
The Rt Hon Lord Justice Waller
The Rt Hon Lord Justice Carnwath
The Rt Hon Lord Justice Jacob
 EWCA Civ 1618,  FSR 23
England and Wales
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.
Updated: 07 April 2022; Ref: scu.246764