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High Court, in proceedings challenging the validity of the terms of an offer of a license to use certain German patents, declines to refuse jurisdiction over the complex dispute in favour of the courts of Germany, but does grant a stay on the proceedings in circumstances where much of the contentious issues currently in dispute will be addressed in an impending, related, decision of a German court, and finds that the common law doctrine of 'forum non conveniens' is inapplicable where there is a 'Recast Brussels Regulation'-type defendant in any given case.
Contract law - patents - fair, reasonable and non-discriminatory (FRAND) terms - whether offer of use of certain patents by licensor illustrates an abuse of dominant position and contrary to Article 102 TFEU - Ireland as the location for current dispute - recast Brussels Regulation - whether proceedings should take place in Germany - offer letter and counter-offer - patent infringement may be challenged at same time as negotiations are conducted to settle FRAND - judgments 'in abstracto' - mootness - German proceedings - whether there is a risk of irreconcilable judgments issuing from Irish and Dusseldorf courts - how FRAND issue will be dealt with by German court - fair reasonable and/or equitable - standard of review - infringement and validity of patents considered separately - expert evidence - availability of discovery in Ireland - plaintiff's defences in German proceedings - locus standi - recent German court decision - court's preliminary observations - applicable law and authorities - recast brussels regulation - issue of exclusive jurisdiction - O.11 RSC - service out of jurisdiction - forum non conveniens - no scope for operation of common law doctrine where there is a defendant who comes under the brussels regulation - ouster of any attempt to rely on forum non conveniens - jurisdiction must be shown on face of plenary summons - O.11 order cannot be discharged - jurisdiction will not be declined - stay granted pending determination of German proceedings which will inform current dispute.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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