Author: Florian Mueller
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Unified Patent Court has become world’s most important forum for preliminary injunctions over patents: high growth, high win rate
The fastest-growing segment of Unified Patent Court actions is preliminary injunctive relief. And the win rate is high.
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ip fray welcomes Olivia Sophie Rafferty and (separately) launches IP Dealmaking Opportunities page for litfin, insurance, patent transfers
ip fray welcomes Olivia Rafferty, a journalist with significant experience in both IP and competition matters. In separate news, we have set up an IP Dealmaking page to outline our services in that regard.
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ITC judge rejects Lenovo’s most important defense against Ericsson: 2011 license agreement doesn’t cover current Motorola phones
Administrative Law Judge Cameron Elliot has rejected Lenovo’s license-based defense according to which its Motorola devices were allegedly still covered by a 2011 license agreement.
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ITC staff: HEVC SEPs are not FRAND-encumbered like cellular ones; Ericsson merely had to negotiate with Lenovo
The Office of Unfair Import Investigations of the United States International Trade Commission has taken a fairly permissive position on the enforcement of video codec SEPs.
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UPC Roundup (1 week): appealability of single-judge orders, requests for judicial notice and other procedural questions
This week (since the previous roundup) has not been particularly eventful in the Unified Patent Court (UPC), but some decisions are worth reading and some developments worth watching. 1. Can a procedural order (here, security-related) be entirely unappealable? (link to LinkedIn post) The UPC’s Court of Appeal (CoA) has previously told appellants that certain orders…
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Chinese-Chinese dispute in UPC: Xiaomi gets sued over former ZTE patent by Texas-based non-practicing entity
A UPC lawsuit against Xiaomi by a non-practicing entity from Texas asserting a former ZTE patent has become discoverable.
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LG is now also licensee (previously already licensor) of Avanci’s EV charger pool: industry first in cellular SEP licensing
Avanci’s EV Charger program announced the addition of two licensees, EvoCharge and LG. The latter is already a licensor.
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UPC’s CD (Paris) revokes vaporizer patent; clarifies standard for new arguments, patent application as indicator of common general knowledge
Context: Recently, one recurring theme in Unified Patent Court (UPC) litigation has been the admissibility of arguments raised for the first time at a late stage of proceeding. The Court of Appeal (CoA) allowed Meril to invoke a different statute on appeal when seeking a stay (November 24, 2024 ip fray article) and left it…
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Right-sizing judicial FRAND determinations: one patent at a time? one country? worldwide? or even pools?
Courts can set FRAND rates, and they can form on opinion on whether a given party’s conduct was FRAND, but there are (and must be) important limitations. Litigation isn’t negotiation.
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Call for input from UPC litigation firms: in how many venues have you physically practiced?
Please share this with your firm’s marketing director. Last week, ip fray became aware of an interesting fact: one firm (and not necessarily one of the first ones that would come to mind) has already appeared — physically — in almost every Unified Patent Court (UPC) venue. That is interesting, and ip fray loves venue…