IPCom v HTC – the UK Patents Court remains open for business

On 21 November 2013 the Court of Appeal handed down its decision in IPCom v HTC rejecting HTC’s attempt to stay UK patent proceedings during a European Patent Office (“EPO”) opposition. The court re-formulated the Glaxo guidelines on when an English court should grant a stay pending the outcome of parallel proceedings at the EPO. It appears that stays will continue to be the exception rather than the rule, and an English court will in most cases favour the continuation of national proceedings in order to provide commercial certainty during the lengthy opposition proceedings at the EPO.