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Federal Circuit revives patent case against Nokia, Cisco, Adva: assignment clause under employment contract deemed ambiguous
Read more: Federal Circuit revives patent case against Nokia, Cisco, Adva: assignment clause under employment contract deemed ambiguousThe majority of a Federal Circuit panel took a rather inventor-friendly position on an assignment clause in an employment agreement.
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Federal Circuit denies fee-shifting with respect to PTAB IPR despite infringement case being exceptionally weak
Read more: Federal Circuit denies fee-shifting with respect to PTAB IPR despite infringement case being exceptionally weakTwo Federal Circuit judges decided (but a district judge sitting by designation disagreed) that challenging a patent-in-suit in the PTAB, even if the IPR petition is brought after an infringement complaint, cannot give rise to fee-shifting.
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Only two FRAND defenses have succeeded in Germany in 70 months, and only one in 47 months — but agenda-driven paper falsely lists two more
Read more: Only two FRAND defenses have succeeded in Germany in 70 months, and only one in 47 months — but agenda-driven paper falsely lists two moreA so-called “empirical analysis” of German SEP case law is not only misguided in some fundamental respects that distort the picture, but also falsely counts successful FRAND defenses that weren’t.
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5G SEP report shows ZTE’s essentiality ratio towering above other major patentees: plausible, but essentiality ratios are snake oil
Read more: 5G SEP report shows ZTE’s essentiality ratio towering above other major patentees: plausible, but essentiality ratios are snake oilContext: Certain patent data and research firms occasionally release rankings of major standard-essential patent (SEP) holders. Different methodologies lead to different results. What’s new: A couple of weeks ago, GreyB published “Updated Findings” (PDF) relating to its 5G Essentiality Report. The top six 5G SEP holders according to GreyB account for about 60% of all…
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German SEP case law is broken — and not “nuanced” as an agenda-driven paper concludes in its own reality distortion field
Read more: German SEP case law is broken — and not “nuanced” as an agenda-driven paper concludes in its own reality distortion fieldBased on a biased selection of German SEP decisions that is incomplete even by the authors’ own admission, a new paper attempts to downplay the problem that implementers of standards practically never prevail on a FRAND defense in Germany.
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UPC requires security: with official capital of 1 euro, patent holder seeks PI to complicate offside detection at EURO 2024 soccer tournament
Read more: UPC requires security: with official capital of 1 euro, patent holder seeks PI to complicate offside detection at EURO 2024 soccer tournamentThe UPC’s Hamburg Local Division has already determined that the patent-in-suit is simple enough so as not to require the involvement of a technically qualified judge.
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Munich I Regional Court chastised Lenovo for “hold-out tactics” and declined to recognize UK FRAND determination
Read more: Munich I Regional Court chastised Lenovo for “hold-out tactics” and declined to recognize UK FRAND determinationInterDigital’s licensing chief has quoted certain passages of the Munich I Regional Court’s recent InterDigital v. Lenovo judgment that reflect unfavorably on Lenovo’s refusal to take a license.
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EU Commission, French government to top EU court: it’s OK to enforce non-EU (e.g., U.S.) patents in EU court against EU defendants
Read more: EU Commission, French government to top EU court: it’s OK to enforce non-EU (e.g., U.S.) patents in EU court against EU defendantsYesterday the Grand Chamber of the European Court of Justice heard BSH v. Electrolux, a case originating from Sweden that raises the question of cross-border patent enforcement.
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