Month: November 2024
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UPC Roundup (1 week): appealability of single-judge orders, requests for judicial notice and other procedural questions
This week (since the previous roundup) has not been particularly eventful in the Unified Patent Court (UPC), but some decisions are worth reading and some developments worth watching. 1. Can a procedural order (here, security-related) be entirely unappealable? (link to LinkedIn post) The UPC’s Court of Appeal (CoA) has previously told appellants that certain orders…
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Chinese-Chinese dispute in UPC: Xiaomi gets sued over former ZTE patent by Texas-based non-practicing entity
A UPC lawsuit against Xiaomi by a non-practicing entity from Texas asserting a former ZTE patent has become discoverable.
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LG is now also licensee (previously already licensor) of Avanci’s EV charger pool: industry first in cellular SEP licensing
Avanci’s EV Charger program announced the addition of two licensees, EvoCharge and LG. The latter is already a licensor.
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UPC’s CD (Paris) revokes vaporizer patent; clarifies standard for new arguments, patent application as indicator of common general knowledge
Context: Recently, one recurring theme in Unified Patent Court (UPC) litigation has been the admissibility of arguments raised for the first time at a late stage of proceeding. The Court of Appeal (CoA) allowed Meril to invoke a different statute on appeal when seeking a stay (November 24, 2024 ip fray article) and left it…
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Right-sizing judicial FRAND determinations: one patent at a time? one country? worldwide? or even pools?
Courts can set FRAND rates, and they can form on opinion on whether a given party’s conduct was FRAND, but there are (and must be) important limitations. Litigation isn’t negotiation.
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Call for input from UPC litigation firms: in how many venues have you physically practiced?
Please share this with your firm’s marketing director. Last week, ip fray became aware of an interesting fact: one firm (and not necessarily one of the first ones that would come to mind) has already appeared — physically — in almost every Unified Patent Court (UPC) venue. That is interesting, and ip fray loves venue…
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UPC Roundup (1 week): FRAND, equivalence and various other questions addressed
This is a summary of developments in the Unified Patent Court (UPC) in a rather eventful week since the last UPC Roundup (November 16, 2024 ip fray article). A couple of smaller items included herein were not previously discussed in an ip fray article or LinkedIn post. 1. Key appellate clarifications 1.1 New arguments on…
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UPC’s Court of Appeal clarifies two key questions: new legal arguments on appeal; stay of proceedings over upcoming appealable EPO decision
A single decision by the UPC’s Court of Appeal provides guidance on two questions: new legal arguments are admissible on appeal, and the appeability of an EPO opposition decision does not preclude a stay.
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UPC panels still disagree on whether claim amendments are admissible in PI proceedings: Milan LD throws out auxiliary requests, unconditional amendment
A fundamental and consequential question of law on which there is still uncertainty at the UPC has come up several times: can patent claims be amended in a PI proceeding?
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Panasonic-OPPO settlement NOT FINALIZED: new UPC order shows Panasonic wanted FRAND injunction though OPPO sought stay
Context: Yesterday, the Unified Patent Court’s (UPC) Mannheim Local Division (LD) surprisingly entered an injunction in Panasonic v. OPPO (for a detailed analysis of the FRAND part of the decision, see this November 22, 2024 ip fray article), a standard-essential patent (SEP) case that had seemingly ceased to be (October 25, 2024 ip fray article)….