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Court Directs CBN, NIBSS, Others to Explore Settlement in N98.5bn Patent Suit

A Federal High Court in Lagos has encouraged parties involved in a 98.5 billion naira patent infringement case to explore an amicable settlement before the trial proceeds.

The suit involves Enterprise Logistics Speciale Limited, the Central Bank of Nigeria (CBN), the Nigeria Inter-Bank Settlement System (NIBSS), and Avanage Nigeria Limited.

Presiding over the matter, Justice Deinde Dipeolu declined to commence hearing after observing that the 1st, 3rd, and 4th defendants were not represented by legal counsel.

The plaintiffs, Enterprise Logistics Speciale Limited and its Managing Director, Samuel Kolajo, are seeking about 98.5 billion naira in damages over the alleged infringement of their patented cash management technology, breach of a Non-Disclosure Agreement, and losses allegedly resulting from the refusal to deploy their cash management solution on Nigeria’s national payment infrastructure.

At the proceedings, Senior Advocate of Nigeria, Tayo Oyetibo, appeared for the plaintiffs, while Olaoluwa Ale-Daniel represented the Nigeria Inter-Bank Settlement System. The Central Bank of Nigeria was not represented.

Counsel to the plaintiffs informed the court that the matter had been scheduled for trial and that the plaintiffs’ witness was present and ready to testify.

However, Justice Dipeolu ruled that hearing notices must first be served on the absent defendants, including Avanage Nigeria Limited, the Central Bank of Nigeria, and the Registrar of Patents and Designs.

Consequently, the court declined to begin the trial and directed that hearing notices be served on the absent parties before the next adjourned date. The judge also encouraged all parties to explore an amicable settlement of the dispute.

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