Author: Florian Mueller
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Volkswagen Group files its first two UPC cases (against PACCAR); tech giant Broadcom is now suing three automakers there in parallel (Renault, Nissan, Hyundai)
Ever more lawsuits targeting automotive companies are now being filed with the Unified Patent Court. Broadcom alone has already filed suits against four different car makers there.
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New UPC Vienna LD decision is patentee-friendly on validity, but infringement would have been easier to argue in non-German-speaking venue
The court’s stance on prior art will please patent holders. To the infringement theory, a panel without a German-speaking majority might have been more receptive.
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UPC summons Amazon, InterDigital to hearing on short notice: friction with UK FRAND action and language of proceedings on agenda
Amazon’s pursuit of UK court rulings bound to interfere with property rights enforceable in the territories of UPC contracting member states continues to create interjurisdictional friction.
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BREAKING: Ericsson asserting SEPs against Verifone in UPC Mannheim LD and Hague LD
Verifone was the first SEP implementer to settle a UPC litigation (which Nokia had brought).
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Wilus seeking first U.S. SEP injunction in almost 20 years against ASUS subsidiary Askey’s WiFi routers: irreparable harm to research
The only known SEP injunction ever granted by a U.S. district court (in the Digital Era) was CSIRO v. Buffalo in 2007. By coincidence, it also involved WiFi and the same district court.
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UPC accepts litigation insurance policy as security for costs: groundbreaking CoA ruling, but it will always depend on specific terms
This is very good news for patentees enforcing their rights in the UPC as well as for the litigation insurance industry, and by extension for litigation funders as it reduces capital requirements.
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BREAKING: Ericsson brings declaratory judgment action against Acer over 4G/5G patents in District of Delaware to protect its customers
As part of its wider dispute with Nokia, Acer threatened and ultimately sued U.S. mobile network operators over 4G/5G patents. But Ericsson sells equipment to the same customers and is now trying to protect them.
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UPC CoA has good news for plaintiffs: infringement is decided without remand after reversing revocation; and lays out criteria for publication remedy
UPC plaintiffs whose case is thrown out in the first instance over validity issues will normally get a decision on infringement by the CoA without a need for a remand.