Apple Retail UK Ltd and others v Qualcomm (UK) Ltd

Practice – Striking out. The claimant companies brought proceedings for breach of contract against the defendant companies. The Patents Court held that, among other things, the claim against the first defendant had no reasonable prospect of success and would be struck out. Further, the claimants had failed to show that the patent claims had been made in reliance on one of the other gateways referred to in Gateway 4A of CPR PD 6B para 3.1(4A). Furthermore, regarding CPR PD 6B para 3.1(9)(a), the second defendant would be required to adduce evidence.

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