Month: September 2024
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UPC Court of Appeal: U.S. bank guarantee doesn’t count as security for litigation expenses, UK insurance policy hard to evaluate
Context: The Unified Patent Court (UPC) enjoys greater wiggle room than some national courts, such as in Germany, with respect to the provision of collateral for litigation expenses (and even more so, at the enforcement stage, though it will take more time for that part to be sorted out). Step by step, the UPC’s Court…
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UPC granted Philips ex parte PI last week to remove presumably patent-infringing toothbrushes from Chinese rival’s IFA trade fair booth
The UPC’s Hamburg Local Division granted Philips an ex parte preliminary injunction against a Chinese competitor in the toothbrush market so as to remove products from the latter’s booth at the IFA trade fair in Berlin.
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Thierry Breton, primary sponsor of EU SEP Regulation, leaves on sour note after EC president tried to get rid of him: bad actors, anyone?
The EU commissioner who pushed for an EU regulation on standard-essential patents more than any other, Thierry Breton, has resigned.
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UPC roundup: timeliness of adding defendant or request for order to produce; jurisdictional questions; no replacement of TQJ
A summary of various Unified Patent Court orders and decisions from the past three weeks.
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First-ever UPC SEP injunction: Philips prevails over Belkin on Qi wireless charging patent, but there was no FRAND defense for lack of market power
The Unified Patent Court’s Munich Local Division has granted Philips a permanent injunction against Belkin over a Qi (wireless charging) patent.
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Panasonic v. Xiaomi shows need for UPC’s Court of Appeal to harmonize case law on extended deadlines: can pleadings be fragmented?
The Unified Patent Court’s Court of Appeal will sooner or later have to resolve the question of whether the applicable rules allow a fragmentation and desynchronization of pleadings, such as by putting FRAND and technical arguments on different timelines.
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Huawei’s innovation and IP event shows trend toward more collaboration as if there was no geopolitical divide favored by Western politicians
Huawei’s innovation and IP event on Friday was all about open innovation and easy access to patent-related information.
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UPC’s Dusseldorf LD denies PI in Novartis v. Celltrion: some preparations for product launch aren’t sufficient for imminent infringement
The UPC’s Dusseldorf LD unsurprisingly denied a preliminary injunction motion by Novartis over Celltrion’s preparations for the launch of a biosimilar.
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Pool rate-setting by courts: various questions left to be resolved in China after SPC ruling while Tesla appeals dismissal in UK
The recent decision by the Supreme People’s Court of China in tCL v. Access Advance on pool rate-setting is narrower than it appeared at first sight. Chinese courts tend to evaluate FRAND questions multifactorially.