Jurisdiction(s):
United Kingdom

Crypto Open Patent Alliance v Wright: anti-suit/anti-threat injunctions preventing re-litigation of Satoshi identity and IP rights claims; broader speech restraints refused; dissemination order—England and Wales

Published on: 01 August 2024

Published by a LexisNexis TMT expert

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Article summary

Crypto Open Patent Alliance v Wright; Wright and another company v Coinbase Global Inc and other companies; Wright and another company v Payward, Inc and other companies and other cases [2024] EWHC 1809 (Ch)

What are the practical implications of this case?

Applying settled principles, the court underlined the breadth and adaptability of injunctive relief, noting the existing authority that novel circumstances can justify new forms of injunction. It also addressed the imperative to act where the IP regime is being misused to choke creativity and technical progress, thereby defeating the system’s underlying purpose. The court was required to balance freedom of expression against the need to deter those minded to advance dishonest claims, while also weighing the prospective damage to legitimate commercial activity were relief to be withheld. Taken together, these considerations justified orders restraining the making or pursuit of claims or counterclaims premised on assertions that Dr Wright is Satoshi and, by extension, owns the relevant IP. Nonetheless, even after taking into account evidence from Crypto Open Patent Alliance (COPA) that Dr Wright’s conduct had ‘impaired legitimate activities of cryptocurrency development’, that he...

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