Adaptive Spectrum & Signal Alignment Inc (claimant/appellant) v British Telecommunications plc (defendant/respondent)
Wednesday 29 March 2023
This is an appeal against the Orders of Falk J (1) dismissing the claim (6/7/22) and (2) consequential orders (28/7/22).
This involved a Part 8 claim for declaratory relief in respect of the proper interpretation of a clause in a patent licence dated 27 July 2015 (the “Licence”) entered into between the Claimant, Adaptive Spectrum and Signal Alignment Inc (“ASSIA”) and the Defendant, British Telecommunications plc (“BT”). Under the Licence each party granted the other a licence in respect of certain patents, the relevant licence being that granted by ASSIA to BT.
The particular subject matter of the dispute is Dynamic Line Management technology (“DLM”). This is technology that monitors the performance of DSL lines and, based on that performance, applies re-profiling to improve performance. ASSIA’s products included a product called DSL Expresse®, which performs DLM functions.