Mark Chacksfield KC and Thomas Jones represented the patentee, Thales, in its jurisdictional or case management challenge seeking to stay a claim for a FRAND determination brought by Kigen, the implementer of standardised eSIM technology.
Fancourt J held that while the Court had jurisdiction to determine the FRAND terms notwithstanding that Kigen refused to give an undertaking to enter into the resulting licence, he would stay the claim as an abuse of process absent such an undertaking or an amendment to Kigen’s claim to reflect its unwillingness to give such an undertaking.