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2013.02.13 Particulars of Claim [Stamped]

2013.02.13 Particulars of Claim [Stamped]

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Published by TechCrunch
Part 2 of Google patent suit against BT
Part 2 of Google patent suit against BT

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Categories:Types, Business/Law
Published by: TechCrunch on Feb 14, 2013
Copyright:Attribution Non-commercial

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02/14/2013

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CHANCERY DIVISIONPATENTS COURTB
ETWE
E
N:
MOTOROLA MOBILITY LLC
(a
company
incorporated in the state
of
Delaware, USA)
Claimant
-
and-
BRITISHTELECOMMUNICATIONS PLCDefendantPARTICULARS
OF
CLAIM
1.
The Claimant, a company incorporated and existing under the laws of the state ofDelaware, USA, acquired title to
EP
(UK) 1 088 446
B1
entitled"Dynamic Security forDigital Television Receivers"(the "'Patent"), a copy of which
is
attached
as
Annex
A, by
virtue of the following transactions related thereto:
(i)
General Instrument Corporation assigned all right, title and interest in thePatent
to
General Instrument Holdings, Inc.
on
25
January 2013; and(ii) General Instrument Holdings, Inc. assigned
all
right, title and interest in thePatent
to
the Claimant
on
25 January 2013.These assignments are currently being registered at the
UK
Intellectual Property Office
and
a copy of the registration documentation
is
attached
as
Annex
B.
2.The Defendant
is
a company registered
in
the United Kingdom, which provides,
interalia,
telecommunication and home entertainment products and services under the'BT'brand. The Defendant
is,
for example,responsiblefor the provision of the BT Vision Service (as defined
in
the Particulars of Infringement).
1086639
 
3.
The Patent
is
and has at all material times been
in
force.
4.
The Defendant has carried out and/or threatens
to
carry out the acts referred to in theParticulars of Infringement served herewith.
In
the premises the Defendant has infringedand/or threatens to infringe thePatent.
5.
By reason of the matters aforesaid the Claimant has suffered loss and damage.6.Further, unless restrained by this Honourable Court, the Defendant threatens andintends to carry out, continue and repeat the acts complained of herein whereby theClaimant will suffer further loss and damage.
7.
The Claimant is not at present aware of all
of
the Defendant's acts of
infringeme~t
butwill seek relief
in
respect of all such acts at trial.
8.
The Claimant
is
entitled to and claims interest upon all sums found due to
it
hereinpursuant to section 35A
of
the Senior Courts Act
1981
and/or the Court's equitablejurisdiction,at such a rate and for such a period as the Court considers appropriate.
AND THE CLAIMANT CLAIMS:
1)
A declaration that the Patent has been infringed
by
the Defendant.2) An injunction to restrain the Defendant (whether acting through its directors, officers,servants, agents and/or howsoever otherwise) from doing, procuring and/or authorisingany acts that howsoever infringe the Patent.
3)
An order for delivery
up,
or,
at the Claimant's election, destruction upon oath,
of
allmaterial
in
the possession,power, custody or control of the Defendant,the keeping, disposal or use
of
which would be
in
breach of the foregoing injunction.4) An order that the judgment
of
this Honourable Court
in
this action, alternatively a briefsummary
of
it and/or its effect,
be
published and advertised at the expense
of
theDefendant pursuant to Article 15 of Directive 2004/48/EC
on
the enforcement ofintellectual property and the Civil Procedure Rules Practice Direction 63 paragraph 26.2.2
625331
 
5)
An
inquiry
as
to damages,
or,
at the Claimant's election,
an
account of profits (such
an
inquiry or account to take into account the effect of the Intellectual Property EnforcementRegulations 2006)
in
respect of each and every act of infringement of the Patent.
6)
An order for payment by the Defendant of
all
sums found due to the Claimant togetherwith interest pursuant to section 35A of the Senior Courts Act
1981
and/or under theequitable jurisdiction of the Court.
7)
Costs together with interest thereon.
8)
Further or other relief.
STATEMENT OF TRUTH
AN
DREW
LYKIARDOPOULOSPOWELL GILBERT LLP
The Claimant believes that the facts stated
in
these Particulars of Claim are true. I amauthorised by the Claimant to sign this Statement.SignedFull Name
J)V
'Al~
.
J'L0
.
~
.Q"
..
~
.............................
ZOE MARIANNE BUTLERPosition PARTNERDate ...
13
.
.
& b . ~
.
M .
r
~
..
.
.......
.
Name of Claimant's solicitors firm: Powell Gilbert LLPServed on the Defendant on the day of February 2013 by Powell Gilbert LLP of
85
FleetStreet, London, EC4Y 1AE, solicitors for the Claimant.Ref:ZBITW/MOT1.5
625331
3

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