Month: June 2024
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Supreme Court casts USPTO into greatest legal uncertainty in its (at least modern) history: Loper Bright v. Raimondo
The Supreme Court has overruled a decades-old doctrine that entitled government agencies such as the USPTO to deference on legal questions concerning their governing statutes.
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Samsung began Galaxy Ring mass production on June 6, will launch in U.S. in early August: court filing
Samsung’s latest court filing in a dispute with smart-ring maker Oura states the exact date on which Samsung began manufacturing the Galaxy Ring and indicates a U.S. launch in early August.
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UPC Hamburg LD deems three-month delay too much for preliminary injunction request: Ballinno v. Kinexion & UEFA
Based on current case law, Preliminary injunction requests in the Unified Patent Court’s German Local Divisions should be brought as soon as possible, and not more than two months after identifying an infringement.
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UPC may deem OPPO’s FRAND counterclaim against Panasonic inadmissible; order also discusses timeliness of claim construction arguments and amended claims
A new order by the UPC’s Mannheim Local Division discusses a FRAND rate-setting counterclaim by OPPO, the window for proposing amendments to the patent-in-suit and the requirement to make claim construction arguments early.
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Damages are owed if patent would be infringed in Germany and promotion leads to actual foreign sales and production: Federal Court of Justice
The Federal Court of Justice of Germany has vacated and remanded a zero-damages decision in a case in which a machine was installed in a foreign country, where the patent had not been renewed, but promoted in Germany.
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Next Munich SEP injunction looms large in Panasonic v. OPPO: court inclined to deem patent valid and essential
At yesterday’s Panasonic v. OPPO trial, the Munich I Regional Court’s 21st Civil Chamber stated a preliminary opinion according to which the patent is valid and infringed. An injunction looms large.
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Chinese courts will now set global FRAND rates for patent pools at implementers’ requests: Supreme People’s Court ruling
China’s Supreme People’s Court (SPC) has ruled in favor of implementer TCL and held that Chinese courts can set global FRAND rates for standard-essential patent pools (in this case, an Access Advance pool).
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USPTO Director gives another indication of U.S. opposition to EU SEP Regulation proposal
Context: Current as well as former U.S. government officials have repeatedly expressed concern over the proposed EU regulation on standard-essential patents (SEPs) and its potential impact on innovation and national security in the Western world. Earlier this month, ip fray reported on a memorandum signed by the United States Patent & Trademark Office (USPTO) and…
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UPC Dusseldorf LD lets pool administrator Access Advance intervene in Dolby v. HP SEP case: FRAND compliance of pool terms in dispute
The UPC’s Dusseldorf Local Division found that pool administrator Access Advance had a sufficient interest to intervene in a Dolby v. HP standard-essential patent case as the defendant had disputed that the pool’s terms were FRAND.