Sandisk v Sisvel MP3 patent pool [2007] EWHC 332 (Ch)

Judgment (about 16 pages, PDF) by Pumfrey J in the Chancery Division of the High Court rejecting an application for interim relief by Sandisk against the European MP3 patent pooling arrangement established by Philips, France Télécom, TDF and Institut für Rundfunktechnik, and managed by Sisvel.

Sandisk sells MP3 players without a Sisvel licence and the Sisvel parties assert that some of their patents are essential for compliance with the MP3 standard.

Sandisk alleges the following infringements of Article 81 and Article 82 (and the Competition Act 1998):

The judge ruled that the claim could not be entertained in an English court as none of the specific alleged competition law infringements or associated losses (except perhaps some allegations that were disproved on the facts or where the claim was found to be "unarguably bad") occurred within England and Wales.

The substantive patent dispute is to be tried (in the same division of the High Court in London) in February 2008.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, UK courts.

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