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England and Wales High Court (Patents Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Patents Court) Decisions >> Nokia Technologies OY & Anor v Ascension International Trading Co, Limited (t/a Realme) & Ors [2023] EWHC 2250 (Pat) (08 September 2023) URL: http://www.bailii.org/ew/cases/EWHC/Patents/2023/2250.html Cite as: [2023] EWHC 2250 (Pat) |
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY LIST (ChD)
PATENTS COURT
7 Rolls Buildings Fetter Lane London EC4A 1NL |
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B e f o r e :
____________________
(1) NOKIA TECHNOLOGIES OY (2) NOKIA SOLUTIONS AND NETWORKS OY |
Claimants |
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- and - |
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(1) ONEPLUS LIMITED TECHNOLOGY (SHENZHEN) CO., LTD (2) UNUMPLUS LIMITED (t/a OnePlus) (3) GUANGDONG OPPO MOBILE TELECOMMUNICATIONS CORP, LTD (4) OPPO MOBILE UK LTD ASCENSION INTERNATIONAL TRADING CO., LIMITED (t/a Realme) REALME CHONGQING MOBILE TELECOMMUNICATIONS (SHENZHEN) CO.K LTD REALME CHONGQING MOBILE TELECOMMUNICATIONS CORP LTD |
Defendants |
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MR. ANDREW LYKIARDOPOULOS KC and MR. RAVI MEHTA (instructed by Hogan Lovells International LLP) for the Defendants
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Crown Copyright ©
MR. JUSTICE MEADE:
(For continuation of proceedings: please see separate transcript)
"12 Grant of certificate by trial judge.
(1) Where on the application of any of the parties to any proceedings to which this section applies the judge is satisfied —
(a) that the relevant conditions are fulfilled in relation to his decision in those proceedings or that the conditions in subsection (3A) ('the alternative conditions') are satisfied in relation to those proceedings, and
(b) that a sufficient case for an appeal to the Supreme Court under this Part of this Act has been made out to justify an application for leave to bring such an appeal ...
the judge, subject to the following provisions of this Part of this Act, may grant a certificate to that effect.
(2) This section applies to any civil proceedings in the High Court which are either —
(a) proceedings before a single judge of the High Court ...
(b) …
(c) proceedings before a Divisional Court.
(3) Subject to any Order in Council made under the following provisions of this section, for the purposes of this section the relevant conditions, in relation to a decision of the judge in any proceedings, are that a point of law of general public importance is involved in that decision and that that point of law either —
(a) relates wholly or mainly to the construction of an enactment or of a statutory instrument, and has been fully argued in the proceedings and fully considered in the judgment of the judge in the proceedings, or
(b) is one in respect of which the judge is bound by a decision of the Court of Appeal or of the Supreme Court in previous proceedings, and was fully considered in the judgments given by the Court of Appeal or the Supreme Court (as the case may be) in those previous proceedings.
(3A) The alternative conditions, in relation to a decision of the judge in any proceedings, are that a point of law of general public importance is involved in the decision and that —
(a) the proceedings entail a decision relating to a matter of national importance or consideration of such a matter,
(b) the result of the proceedings is so significant (whether considered on its own or together with other proceedings or likely proceedings) that, in the opinion of the judge, a hearing by the Supreme Court is justified, or
(c) the judge is satisfied that the benefits of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal.
(4) Any application for a certificate under this section shall be made to the judge immediately after he gives judgment in the proceedings:
Provided that the judge may in any particular case entertain any such application made at any later time before the end of the period of fourteen days beginning with the date on which that judgment is given or such other period as may be prescribed by rules of court.
(5) No appeal shall lie against the grant or refusal of a certificate under this section.
(6) Her Majesty may by Order in Council amend subsection (3) of this section by altering, deleting, or substituting one or more new paragraphs for, either or both of paragraphs (a) and (b) of that subsection, or by adding one or more further paragraphs.
(7) Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this Part of this Act 'civil proceedings' means any proceedings other than proceedings in a criminal cause or matter, and 'the judge', in relation to any proceedings to which this section applies, means the judge ... referred to in paragraph (a)... of subsection (2) of this section, or the Divisional Court referred to in paragraph (c) of that subsection, as the case may be."
"Leave to appeal to Supreme Court
(1) Where in any proceedings the judge grants a certificate under section 12 of this Act, then, at any time within one month from the date on which that certificate is granted or such extended time as in any particular case the Supreme Court may allow, any of the parties to the proceedings may make an application to the Supreme Court under this section.
(2) Subject to the following provisions of this section, if on such an application it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant leave for an appeal to be brought directly to the Supreme Court; and where leave is granted under this section —
(a) No appeal from the decision of the judge to which the certificate relates shall lie to the Court of Appeal, but
(b) an appeal shall lie from that decision to the Supreme Court.
(3) Applications under this section shall be determined without a hearing.
(4) ...
(5) Without prejudice to subsection (2) of this section, no appeal shall lie to the Court of Appeal from a decision of the judge in respect of which a certificate is granted under section 12 of this Act until —
(a) the time within which an application can be made under this section has expired, and
(b) where such an application is made, that application has been determined in accordance with the preceding provisions of this section."
"That in the event that leave to appeal to the Supreme Court is not granted in respect of any one of the grounds of appeal, the '022 defendants have permission to appeal to the Court of Appeal in respect of that ground."