Samsung v Apple patent appeal on hold pending outcome of EPO applications

This month has seen the latest UK instalment in the global patent war between Samsung and Apple. The Court of Appeal granted Samsung's application to stay an appeal from the High Court's decision that This month has seen the latest UK instalment in the global patent war between Samsung and Apple. The Court of Appeal granted Samsung's application to stay an appeal from the High Court's decision that two of Samsung's patents were invalid (see here for judgment). The Court of Appeal agreed with Samsung that the trial should be adjourned pending determination from the European Patent Office (EPO) on its applications for central amendment, which was likely to be in the near future. The Court of Appeal rejected Apple's counter-application for an order that, in effect, required Samsung to choose between pursuing the appeal or the central amendment applications. It said that the relevant patent legislation specifically contemplated the possibility of concurrent proceedings in the UK and in the EPO and that Samsung's applications were not an abuse of process.

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