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0 1 C n L II D o c s 5 4. 2021] The Length of Civil Trials and Time to Judgment in Canada: … 287 the debate over time-limited trials, concluding that Canadian civil justice systems are well-placed to begin implementing discretionary, judge-ordered time-limited trials. C’est incontestable : l’accès à la justice est encore déficient pour ...
- Kevin LaRoche, M. Laurentius Marais, David Salter
- 2021
Apr 16, 2020 · The court is likely to wish to hand down its judgment in an approved final form. Counsel should therefore submit any list of typing corrections and other obvious errors in writing (Nil returns are required) to the clerk to ****, via email at **** @justice.gov.uk, by 4:00pm on ****, so that changes can be incorporated, if the judge accepts them ...
Nov 10, 2022 · This ruling relates to the judgment handed down in this case on 14 October 2022 ([2022] EWHC 2589 (Comm)) and addresses a number of consequential issues which arise from that judgment, including applications for permission to appeal.
- Reopening The Trial - The Facts Giving Rise to The Hearing
- Reopening The Trial - The Relevant Law
- Reopening - Outcome
- Frand - Background
- Frand - The Decision
- Commentary
In November 2014, Mr Justice Birss held that one of Vringo's patents (the "Patent") was valid, essential to both the UMTS (3G) and LTE (4G) standards, and infringed by ZTE's UMTS and LTE products. The Patent claimed the use of "protocol transparency" during SRNS relocation. In contrast, the prior art cited by ZTE did not disclose or make obvious to...
In coming to his decision, Birss J. considered three issues: 1. whether he was entitled to change his mind after judgment but before the order had been perfected; 2. whether ZTE should be allowed to bring new evidence; and 3. whether ZTE should be allowed to amend its pleadings at such a late stage in the proceedings.
As can be seen from the above discussion of the law, while there is a broad discretion available to the judge to change his mind (In re L), there is a "heavy onus" on a party seeking a late amendment to justify the amendment (Swain-Mason v Mills & Reeve LLP), and whether the "evidence could not have been obtained with reasonable diligence for use a...
The November judgment was the first of three judgments scheduled to take place in the Patents Court regarding whether Vringo's patents are SEPs, valid, and infringed by ZTE. There is a trial listed for June 2015 to determine the validity, infringement and essentiality of three other patents. A fifth patent will go to trial in October 2015, followin...
Birss J. refused Vringo's application to bring forward the FRANDtrial and stay the June 2015 trial. He reasoned that it was not clear to him that the June 2015 trial would be a waste of costs. Vringo's request would require a radical alteration to existing arrangements and the parties had probably already devoted considerable resources to preparing...
As Birss J.'s tentative comments in relation to the FRAND aspects of this case suggest, the determination of FRAND terms is something which is still in its infancy in the UK - neither this case nor the IPCom disputes with Nokia or HTC have proceeded to a determination of FRANDterms, and it is clear that the basis on which such terms should be deter...
Aug 3, 2023 · Summary judgment is a procedure that allows a party to obtain a judgment on all or part of a claim or defence by way of a motion (where evidence is presented to a master or a judge in writing) and without having to proceed to a trial (where evidence is presented to a judge (and possibly a jury) by way of oral testimony).
Nov 3, 2015 · On the other hand, Greenspan’s rhetoric overstates to an absurd extent what Justice L’Heureux-Dubé actually said. Further, when a judge in a lower court makes a decision that crosses the threshold from wrong to wrongful – where he or she disrespects the law and exhibits a total failure of empathy – the decision brings the administration of justice into disrepute.
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Yes, the trial court can reconsider and alter its order within a specific timeframe following the entry of the final judgment. The final judgment’s entry date is the date the judge signs it on paper or electronically; announcing the decision from the bench does not count. For example, in Virginia, all final judgments and orders remain under ...
