Month: June 2025
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Litigation funders are “central” to class action regime, says UK Competition Appeal Tribunal chairman Hodge Malek KC
“We don’t want to kill off the industry [and] we want the best for everyone, including the funders,” Mr. Malek said at the 2nd Annual LF Dealmakers Europe in London yesterday.
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French ministry, national standards bodies oppose Apple-Google front’s ETSI membership: ACT proved unreliable by gun-jumping
Context: Four days ago we reported that Apple front ACT | The App Association, which would be more appropriately called ACT | The Apple Association (or, as of recent, ACT | The Apple-Google Association), jumped the gun by announcing its membership in the European Telecommunications Standards Institute (ETSI) though it is actually up to ETSI’s…
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ITC sides with ASUSTeK in wireless communications patent infringement dispute against Lenovo
The United States International Trade Commission has issued a final determination in a global patent dispute case between Lenovo and ASUSTek, upholding an Administrative Law Judge opinion that found the latter did not infringe three of Lenovo’s wireless communications and diagonal touchpad patents.
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UPC Roundup (1 week): exceptionally busy week brings key clarifications from CoA and CFI on multiple issues; injunctions and more
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our June 14, 2025 UPC Roundup. 1. CoA 1.1 No security deposit requirement for enforcement (Knaus Tabbert v Yellow Sphere) The Court of Appeal (CoA) has dismissed (PDF) Knaus’s objection, upholding an earlier decision that denied the…
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UPC’s Court of Appeal: rehearings will rarely (if ever) happen, and UPC representatives MUST know EPO’s appellate case law
Context: Things have not gone well so far for Alexion Pharmaceuticals’ patent infringement actions against Amgen and Samsung Bioepis. Six months ago, the Unified Patent Court’s (UPC) Court of Appeal (CoA) affirmed (December 23, 2024 ip fray article) the Hamburg Local Division’s (LD) orders denying preliminary injunctions (PIs; officially called “provisional measures” in the UPC)….
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Munich LD gives textbook example of how to address venue competence in UPC disputes involving multiple defendants
For the second panel of the Unified Patent Court’s Munich Local Divison, Judge-rapporteur Dr. Daniel Voß (“Voss”) has rejected a venue-related preliminary objection.
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Samsung brings FRAND claim against ZTE in 4th jurisdiction: counterclaim in Unified Patent Court’s Mannheim Local Division
After bringing standalone FRAND/SEP actions in the UK, Germany and the United States, Samsung has now also brought a FRAND counterclaim in the UPC.
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AI patent-eligibility: spotting hallucinations over value-adds
While AI is accelerating discovery, designing software, and shaping new chemical compounds, some industry voices question whether we have become too dependent on it to invent, and how the pitfalls of that over-dependence are being materialized.
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UPC’s Court of Appeal: defendants never have to provide collateral, not even if they bring revocation counterclaims
The UPC’s Court of Appeal considers a revocation claim merely a part of an infringement defendant’s defense and does not see a basis for requiring security.for costs.
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Clearing up misconceptions about OPPO-Volkswagen patent license agreement: it merely proves Avanci’s flexibility
The only noteworthy aspect of the OPPO-Volkswagen patent license is that it shows Avanci members can enter into bilateral agreements even after signing up.