Author: Florian Mueller
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UPC Dusseldorf LD finds Beko and Arçelik’s slowness to declare willingness — but not absence of Dolby pledge —dispositive of FRAND defense
FRAND case law keeps evolving at the UPC as different cases present different fact patterns.
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Edwards Lifesciences defeats NPE in Delaware: first non-infringement, now invalidity, but same root cause in written description
Edwards Lifesciences made UPC history as a plaintiff. In the U.S. Edwards is proving its defensive resilience against an NPE.
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UPC CoA stresses duty of full and frank disclosure when inspections are sought ex parte; denies ECJ referral, especially regarding UPCA and RoP
Another appellate opinion from the UPC shows that the referral of certain questions of EU law in Dyson v. Dreame was an exception.
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Trumpf Laser wins second UPC injunction against rival IPG Laser: Dusseldorf LD ruling
Trumpf Laser has won a second UPC case against IPG Laser, one of its two main rivals in the market for high-performance laser equipment for industrial applications. After the Mannheim LD, the Dusseldorf LD has also granted an injunction.
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UPC starts development of case law on damages causation and quantification, applying German as well as alternatively EU/UPC statutes
In an outlier case where the UPC was asked to determine damages based on a German merits ruling, the panel was unconvinced of any damages being attributable to the defendant’s infringement as opposed to other causes.
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First U.S. patent long-arm assertions in German court withdrawn with prejudice as Onesta settles with Qualcomm; separately, NVIDIA settled
The realistic best-case scenario for BMW materialized with respect to costs. But the overall course of events will not completely discourage others from pulling an Onesta.
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OpenAI, Adobe win UPC long-arm appeal; French plaintiff can’t invoke French long-arm statute before Paris LD against non-UPCland defendants
The Unified Patent Court’s Court of Appeal. did not need to ask the European Court of Justice for a preliminary ruling in this case.
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OPPO wins German 5G case against ASUS; first such win for OPPO, ASUS’s third Munich defeat in as many months
This is OPPO’s first 5G patent injunction, and the history of the dispute is that ASUS attacked first (directly and via non-practicing entity Innovative Sonic).
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BREAKING: Licensing executive Jane Bu joins Avanci
Today Avanci announced that Jane Bu joins the company. She is well-known in the industry from her many years at Via, most recently as Chief Licensing Officer.