TQ Delta wins English High Court injunction in SEP case
The English High Court has issued a judgment immediately enjoining Taiwanese company ZyXEL from infringing one of TQ Delta’s patents.
On March 18, the court issued a final order hearing which said ZyXEL must stop using the technology company’s patent (UK number UK number 1,453,268) that relates to digital subscriber line (DSL) technology.
DSL technology is used to provide broadband internet to homes over standard telephone lines.
Alexandra Brodie, a partner at Gowling WLG in London, the firm which represented TQ Delta, said it was the first standard-essential patents judgment since Unwired Planet v Huawei in October 2018.
Brodie said the judgment demonstrates “that UK courts will grant relief to patent holders when faced with implementers who are engaging in a ‘hold-out’”.
This follows a judgment earlier this month on March 11, when the court found the patent was valid and had been infringe d by ZyXEL.
In its judgment earlier this week, the court said ZyXEL was "holding out" against licensing TQ Delta’s portfolio of patents relating to DSL.
It granted TQ Delta an immediate injunction and rejected ZyXEL’s requests for a stay of the injunction.
The court also rejected ZyXEL’s appeal against the injunction and ordered it to pay more than £1 million in interim payments.
Brodie added that the ruling demonstrates that UK courts will grant relief to patent holders when faced with implementers who are engaging in a “hold-out”.
Abha Divine, managing director of TQ Delta welcomed the March 11 and 18 decisions.
“These decisions re-affirm the high quality of our patented inventions, which we believe represent important, foundational IP for the communications industry,” Divine said.
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