Author: Florian Mueller
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UPC President denies Amazon motion to stay enforcement of InterDigital’s anti-interim-license injunction; Amazon may already be in breach
This does not mean that Amazon’s appeal will necessarily fail, but Amazon could now face contempt proceedings any day.
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UPC Mini-Roundup (1 decision): CoA draws line between invalidity contentions against granted patent vs. amendments; double jeopardy did it again
The Unified Patent Court (UPC) has issued only one publicly accessible decision since our December 29, 2025 Roundup, other than a non-newsworthy withdrawal (yet another case in the Access Advance-Transsion context). This roundup is listed among the 2025 as well as 2026 roundups because New Year’s Day fell mid-week. For hearing lists etc., please check…
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Munich I Regional Court crashes through 300-mark, sets new record for patent infringement filings in one year
The exact number will become known in the weeks ahead, but it’s already certain to set a new record.
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Lack of European AI patents: detailed analysis of Europe’s technology gap and digital colonization, and why it’s too late to reverse the trend
Europe lacks natural resources and access to cheap, abundant, and reliable energy. The consequences are uncomfortable for Europeans to see, but it’s better to understand the problem and why it can’t/won’t be solved anymore.
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Judge Albright extends BMW’s antisuit TRO against Munich lawsuit over U.S. patents to prevent AASI, schedules motion hearing for January 13
After the hearing, a preliminary injunction will issue or the temporary restraining order will be lifted. Either way, the decision can then be appealed.
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Make SEPs Great Again: after President’s memo on 6G, USPTO forms SEP Working Group “to renew American leadership in technology standards”
With President Trump’s 6G memo before and the USPTO’s SEP Working Group announcement after Christmas, standards and the related patents get unprecedented political attention.
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No parking ticket: UPC Mannheim’s threat of €50M contempt fine against Amazon in line with CJEU case law, EU Commission guidelines and practice, UPC CoA guidance
Context: What’s new: We have conducted further research, the detailed results of which are reserved for our premium members (judges are entitled to free access). The starting point is a from the UPC Court of Appeal (CoA) decision in Fujifilm v. Kodak (October 18, 2025 ip fray article), which elaborates on Art. 354(3) of the UPC’S Rules of Procedure…
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UPC threatens Amazon with initial €50M ($59M) fine, “severe consequences”, declares all UK interim licenses unenforceable, suggests EU WTO action against UK
The UPC’s Mannheim LD issued a bombshell order just before Christmas, followed by a Christmas Eve notification to the European Commission that could lead to a WTO complaint.
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Opposition brief filed: could copyright-related case law persuade Judge Albright to lift BMW’s antisuit injunction against Munich lawsuit over U.S. patents?
Onesta has raised various arguments against BMW’s antisuit motion, some of which are potentially more compelling than others.
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ip fray’s second anniversary: staying on top of SEP and UPC cases while broadening the focus and innovating how legal excellence is recognized
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