Author: Florian Mueller
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UPC Roundup (1 week): FRAND, equivalence and various other questions addressed
This is a summary of developments in the Unified Patent Court (UPC) in a rather eventful week since the last UPC Roundup (November 16, 2024 ip fray article). A couple of smaller items included herein were not previously discussed in an ip fray article or LinkedIn post. 1. Key appellate clarifications 1.1 New arguments on…
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UPC’s Court of Appeal clarifies two key questions: new legal arguments on appeal; stay of proceedings over upcoming appealable EPO decision
A single decision by the UPC’s Court of Appeal provides guidance on two questions: new legal arguments are admissible on appeal, and the appeability of an EPO opposition decision does not preclude a stay.
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UPC panels still disagree on whether claim amendments are admissible in PI proceedings: Milan LD throws out auxiliary requests, unconditional amendment
A fundamental and consequential question of law on which there is still uncertainty at the UPC has come up several times: can patent claims be amended in a PI proceeding?
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Panasonic-OPPO settlement NOT FINALIZED: new UPC order shows Panasonic wanted FRAND injunction though OPPO sought stay
Context: Yesterday, the Unified Patent Court’s (UPC) Mannheim Local Division (LD) surprisingly entered an injunction in Panasonic v. OPPO (for a detailed analysis of the FRAND part of the decision, see this November 22, 2024 ip fray article), a standard-essential patent (SEP) case that had seemingly ceased to be (October 25, 2024 ip fray article)….
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UPC’s Hague LD finds plant-based microbial fuel cell patent infringed not literally, but by equivalence
The Unified Patent Court’s Hague Local Division has found an infringement of a plant-based microbial fuel cell patent not under a literal interpretation of the asserted claims, but by way of equivalence.
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Despite settlement, Mannheim LD grants first-ever UPC FRAND injunction in Panasonic v. OPPO, disagrees with European Commission
The Unified Patent Court’s Mannheim Local Division has decided a Panasonic v. OPPO SEP case despite the fact that the dispute has actually been settled. The judgment raises various questions.
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First Adeia v. Disney UPC case has become discoverable: U.S. licensing firm went to The Hague
The first November filing to show up in the UPC’s public case registry is one of two Adeia v. Disney cases. It is in line with the trend toward more and more filings in The Hague.
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UK court denies Lenovo interim license in Ericsson dispute, partly dissuaded by ITC staff’s FRAND opinion, but doesn’t draw clear line
Lenovo essentially argued that the England & Wales Court of Appeal had opened the interim-license floodgates with its Xiaomi-Panasonic decision, but Mr Justice Richards disagreed.
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UPC’s Milan LD granted Pirelli two ex parte seizures against rival tire makers at major motorcycle fair
The orders were granted by two different judges on November 5 and immediately executed at a trade show in Milan named EICMA.
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Lenovo avoids U.S. import ban over two Ericsson non-SEPs (for now): initial determination by ITC judge
An Administrative Law Judge of the U.S. International Trade Commission has held the asserted claims of two Ericsson patents invalid, The final decision will be made by the commissioners.