Month: May 2024
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UPC’s Paris LD: intervenor can’t bring nullity counterclaim if defendant doesn’t; clarifies hurdle for language change
The UPC’s Paris Local Division today clarified that an intervenor faces the same deadline for a nullity counterclaim as the defendant. And the hurdle for changing the language of proceedings is high.
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Lenovo’s UK-centric SEP litigation strategy against Ericsson and InterDigital exposed again by official filings
In its current SEP disputes with Ericsson and InterDigital, Lenovo consistently favors the UK over other jurisdictions, even to the point where its actions contradict its words.
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Ericsson says other phone makers accepted its 1% (capped at $4 per unit) 5G standard-essential patent royalty
Context: In February, Judges Terrence Boyle of the United States District Court for the Eastern District of North Carolina denied an antisuit injunction motion by Lenovo and its Motorola Mobility subsidiary that would have barred Ericsson from the enforcement of various Latin American standard-essential patent (SEP) injunctions (February 15, 2024 ip fray article). Lenovo appealed…
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Munich court sets low bond (€1 million for phones, €3 million for tablets and PCs) for InterDigital v. Lenovo SEP injunction
The Munich I Regional Court has confirmed that InterDigital obtained a German patent injunction against Lenovo.
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Federal Circuit effectively discourages patentees from availing themselves of pseudo-judicial Amazon procedure named APEX
Amazon’s Patent Evaluation Express (APEX) may fall out of favor with patent holders as a means of exerting pressure on an alleged infringer, as the Federal Circuit allows bring declaratory-judgment actions in the latter’s home state.
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From $67.5M to $142M to $61M: roller-coaster damages award in Samsung SEP case as PTAB invalidates one of two patents
The patent that accounts for more than half of the $142M retrial verdict against Samsung has been invalidated by the PTAB.
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Unified Patent Court makes first standard-essential patent decision: Mannheim LD orders production of license agreements
The UPC’s Mannheim Local Division has entered an order favoring transparency in connection with standard-essential patent license agreements in SEP disputes.
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The Hague decision shows Unified Patent Court’s software SNAFU wastes not only counsel’s but also judges’ time
The UPC’s dysfunctional case management system results not only in an unacceptable and unnecessary amount of extra work on counsel’s side, but also adds to the judicial workload.
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USPTO’s new AI consultation looks beyond inventorship, now focusing on prior art, obviousness, claim construction
Context: The impact of Artifical Intelligence on the patent system that has made more headline news than any other is the question of whether AI systems can be inventors, with conflicting decisions in different jurisdictions. But that is not the only important question in that regard. What’s new: Yesterday (April 30, 2024), the United States…