Nokia OYJ -v- IPCOM & Co KG (2010) – Pleadings
Before Arnold J
The parties are involved in patent litigation concern mobile phone technology. The Applicant made an application in respect of Statements of case and the Respondent made a cross application in relation to statements of case. Previously at a Directions hearing the Applicant had been ordered to serve a statement of case covering validity which should identifying breach of prior art, the parts that it wished to allege lacked novelty and matters relating to common general knowledge.
The Judge found that the Applicant’s pleadings could have been a bit more detailed on the validity point and the Respondent’s pleadings did not help the court in understanding the case. In the Judge’s view it was appropriate to order new pleadings to be exchanged.
The above interim hearing illustrates the importance of careful consideration when drafting a set of pleadings. This is particularly relevant in Patent claims.
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