Telstra splits from second firm in patent battle

Telstra has moved onto its third firm in only a matter of weeks, in a long-running patent infringement case before the Federal Court.

Telstra has now made a second change to its legal representation amidst an epic patent infringement battle before the Federal Court.

Telstra, which ousted King & Wood Mallesons last month after the firm had run the case for over 18 months, has now switched from Herbert Smith Freehills to Clayton Utz.

The hot potato patent case against Telstra was brought to the Federal Court earlier this year by Upaid, which sought to restrain Herbert Smith Freehills from acting against them once Telstra had dumped King & Wood Mallesons. 

According to Business Insider Australia, Upaid was represented by a unit of Freehills, which last month provided advice on a patent application. Herbert Smith Freehills denied that there was any conflict of interest and said that reports that a unit of Freehills had acted for Upaid were false.

“Freehills Patent Attorneys is a patent attorney firm which is an affiliate of Herbert Smith Freehills. It is a separate firm with its own management; an entirely separate entity. We note Allens acted and continue to act for Upaid in the proceedings,” said a statement released by the firm.

Nevertheless, Herbert Smith Freehills opted to withdraw from representing Telstra in the case. “Our key interest was for the patent litigation to continue without impediment to our client, and this unnecessary side matter had the potential to delay those proceedings.  Therefore we made the decision to withdraw from the case without admissions as it was in the best interests of our client to do so.”

Upaid is currently taking similar action against multiple telecommunications companies in the Asia pacific region. 
 

Recent articles & video

Allens assists Seraya Partners with landmark acquisition of ASX lister

Law Council of Australia, ACT Bar call out underfunding in legal aid sector

NSW Law Soc, LexisNexis team up on AI Glossary

Report recommends US federal courts award monetary damages for workplace misconduct

Report highlights racial challenges faced by South Asian partners in the UK

Michael Best & Friedrich enters California market by absorbing Los Angeles law firm

Most Read Articles

Revealing the top influencers in Australia’s legal profession for 2024

HSF helps consortium wth Ulinda Park BESS project financing

Federal Court fines employer for failing to issue payslips

Lander & Rogers brings in digital economy practice head