Month: May 2024
-
In UK proceedings, Lenovo incredibly claims it’s entitled to higher patent royalties from Ericsson than the other way round
As an indirect by-product of today’s Lenovo v. Ericsson preliminary injunction hearing in London, it became known that Lenovo now claims that it will be the net licensor when all is said and done.
-
New SEP injunction, new standard for security amount: German case law exacerbates as if judges were begging for political intervention
The standard-essential patent enforcement situation in Germany becomes ever less sustainable as injunction after injunction comes down and defendants’ rights are severely compromised.
-
UPC’s Paris LD orders licensing firm to give security, doesn’t accept insurance and requires EU (not U.S.) bank guarantee
Another Unified Patent Court decision on the need to provide security for litigation expenses came down today.
-
Federal Circuit revives patent case against Nokia, Cisco, Adva: assignment clause under employment contract deemed ambiguous
The majority of a Federal Circuit panel took a rather inventor-friendly position on an assignment clause in an employment agreement.
-
Federal Circuit denies fee-shifting with respect to PTAB IPR despite infringement case being exceptionally weak
Two Federal Circuit judges decided (but a district judge sitting by designation disagreed) that challenging a patent-in-suit in the PTAB, even if the IPR petition is brought after an infringement complaint, cannot give rise to fee-shifting.
-
Only two FRAND defenses have succeeded in Germany in 70 months, and only one in 47 months — but agenda-driven paper falsely lists two more
A so-called “empirical analysis” of German SEP case law is not only misguided in some fundamental respects that distort the picture, but also falsely counts successful FRAND defenses that weren’t.
-
5G SEP report shows ZTE’s essentiality ratio towering above other major patentees: plausible, but essentiality ratios are snake oil
Context: Certain patent data and research firms occasionally release rankings of major standard-essential patent (SEP) holders. Different methodologies lead to different results. What’s new: A couple of weeks ago, GreyB published “Updated Findings” (PDF) relating to its 5G Essentiality Report. The top six 5G SEP holders according to GreyB account for about 60% of all…
-
German SEP case law is broken — and not “nuanced” as an agenda-driven paper concludes in its own reality distortion field
Based on a biased selection of German SEP decisions that is incomplete even by the authors’ own admission, a new paper attempts to downplay the problem that implementers of standards practically never prevail on a FRAND defense in Germany.
-
UPC requires security: with official capital of 1 euro, patent holder seeks PI to complicate offside detection at EURO 2024 soccer tournament
The UPC’s Hamburg Local Division has already determined that the patent-in-suit is simple enough so as not to require the involvement of a technically qualified judge.
-
Munich I Regional Court chastised Lenovo for “hold-out tactics” and declined to recognize UK FRAND determination
InterDigital’s licensing chief has quoted certain passages of the Munich I Regional Court’s recent InterDigital v. Lenovo judgment that reflect unfavorably on Lenovo’s refusal to take a license.