Month: July 2025
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UPC Roundup (1 week): language change in light of cross-border dispute; warns against refusal of AASI service; other decisions and new cases
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our July, 6 2025 UPC Roundup. 1. CoA 1.1 Service-of-process issues in jurisdictions where no UPC judgment has been enforced yet may weigh in favor of security for costs (Chint New Energy Technology & Astronergy v. Jingao Solar)…
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UPC’s Court of Appeal clarifies standard for default judgment against claimant, enters default judgment against NPE suing Microsoft
Context: A few months ago, the infringement action brought by Finnish non-practicing entity (NPE) Suinno against Microsoft in the Unified Patent Court (UPC) resulted in appellate clarification of the question of whether the owner and general manager may represent a company in the UPC (item 2.1 of our February 15, 2025 UPC Roundup). Regardless of…
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IP Bridge wins preliminary injunction against BYD in Brazil: no immediate enforcement, but potential fines accumulate
Context: Chinese automaker BYD, which went from tiny numbers to mid-seven-figure annual sales volumes in only a few years, has yet to license cellular standard-essential patents (SEPs). It is being sued in the Unified Patent Court (UPC) and German national courts by Sol IP (May 30, 2025 ip fray article) and IP Bridge (April 2,…
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Nokia defends against third Eastern District of Texas case in a row: no infringement; and only $2M for T-Mobile’s use of Ericsson base stations
Context: Last year, there were only two cases in the Eastern District of Texas during that entire year which plaintiffs lost. In both cases, Nokia was the defendant. On April 5, 2024, Smart Path Connections lost a jury trial over three patents and a fourth had previously been thrown out by the court on summary…
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NPE launches WiFi 6 patent enforcement campaign (11 suits): SEPs formerly owned by ZTE, NXP, Marvell asserted against Acer, ASUSTek, LG, HP, Lenovo
Velocity Communication Technologies, LLC, which owns a portfolio of WiFi 6 standard-essential patents formerly owned by ZTE, Marvell Technology and NXP Semiconductors, has filed 11 complaints in the Eastern District of Texas, alleging “malicious” and “deliberate” patent infringement.
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At ZTE v. Samsung hearing, Munich I Regional Court gives new FRAND guidance, rejects security focus of UK and Munich appeals courts
Context: What’s new: The Munich I Regional Court’s 7th Civil Chamber held a FRAND hearing today relating to certain infringement actions that are part of the wider ZTE-Samsung dispute. Presiding Judge Dr. Oliver Schoen (“Schön” in German) sealed the courtroom for the case-specific matters, which in the impression of third-party observers are going better for…
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Xiaomi defeats Atlantic IP NPE Nera in UPC, two German court proceedings on hold over validity issues: defensive winning streak
Context: Xiaomi is frequently sued over patents in Europe, particularly in Germany, because of its significant market share. But it defends itself vigorously, affords first-rate lawyers, and has repeatedly achieved strong results. For example, Xiaomi won the first-ever UK interim patent license last year (October 3, 2024 ip fray article), in a case where the…
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UPC’s Court of Appeal makes it easier to show that enforcement in given non-EU/EEA country is unduly burdensome
Context: Unified Patent Court (UPC) decisions on whether a defendant is entitled to collateral covering litigation expenses turn can be justified based on the plaintiff’s financial strength and/or potential enforcement difficulties. Some decisions by the Court of First Instance (CFI) reflected a limited degree of skepticism regarding the enforceability of fee-shifting orders in foreign jurisdictions,…
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Delhi High Court orders Korean defendant to deposit $43 million in patent infringement dispute
A $35 million security deposit comes on top of a $8 million deposit already ordered in the same dispute in 2019.