This case involved the application of Huawei to adjourn a trial in a FRAND case. Conversant instead sought that the trial was conducted, for the most part, on the papers. The judge outlined the relevant case law and current guidance from the Lord Chancellor. Crucially, the Civil Procedure Rules had not been amended such that it was appropriate for the conduct of a FRAND trial to go forward on the papers. While the judge accepted that it may well be that the FRAND trial, while not straightforward, could be in danger of becoming unnecessarily complex, there were bound to be issues, a significant number of them, which would require cross-examination in the usual way. Accordingly, the trial was adjourned.
This article was first published by Lexis®PSL on 06/04/2020
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