Author: Florian Mueller
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BREAKING: Tesla loses pool rate determination appeal against Avanci and InterDigital in UK: Lord Justice Arnold got outvoted
Lord Justice Phillips and Lady Justice Whipple voted against the panel member with the most patent-specific experience, applying common sense.
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AA licensors win two AASIs in UPC’s Munich Local Division: Dolby, Sun Patent Trust defang Roku’s lawsuit in District of Massachusetts
Context: HP and TCL settled their disputes over HEVC (H.265) video codec patents through an Access Advance pool license last fall (part 2 of an October 30, 2024 ip fray article). Certain cases related to those disputes were pending in the Unified Patent Court (UPC). But certain cases brought by Access Advance licensors Dolby and…
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Samsung uses brute-force FRAND strategy: parallel antitrust/contract lawsuits against ZTE in U.S., UK, Germany
Context: When we became aware of a press release by the Frankfurt Regional Court on an antitrust action by an implementer against a Chinese standard-essential patent (SEP) holder, the fact that Samsung had previously sued ZTE in the High Court of Justice for England & Wales (EWHC) was the primary reason for which we were…
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UPC Roundup (1 week): case management and cost reimbursement decisions; new judges and cases
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our February 22, 2025 UPC Roundup. An uneventful week at the UPC itself, with far more excitement sparked by a European Court of Justice (ECJ) decision that enables the UPC to order remedies in European Patent Convention (EPC)…
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EU Commission gets support from 10 Member States for withdrawal of proposed SEP Regulation; 9 don’t care; only 8 want to keep it alive
Context: A little over two weeks ago, the European Commission (EC) withdrew its proposal for a regulation on standard-essential patents (February 11, 2025 ip fray article). A footnote to the EC’s working program noted that pending legislative proposals would be withdrawn within six months. Yesterday the Working Group on IP of the EU Council (the…
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In Nokia v. Amazon, USITC raises fundamental questions about FRAND and licensor’s reliance on U.S. licensees manufacturing abroad
It is unclear whether the ITC’s current leadership seeks to narrow the scope of the agency’s jurisdiction or just wants to make the decision appeal- and review-proof.
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EU’s most powerful body to discuss Commission’s withdrawal of SEP Regulation tomorrow; major SEP conference coming up next week
At tomorrow’s Working Group meeting. the most powerful institution in the EU, the Council, will discuss the European Commission’s decision to abandon the proposed SEP Regulation.
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LONG ARM: European Court of Justice lets courts rule on infringement of U.S., UK, other foreign patents and award damages and injunctions, subject to defendant’s domicile
The most impactful decision by the European Court of Justice on jurisdiction over patent infringement cases enables the UPC to adjudicate the UK parts of European patents and national courts to decide even on U.S. patents.
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UK appeals court hears Optis v. Apple FRAND appeal of “wholly inaccurate analysis” that also involves judicial imperialism against the U.S.
Starting today, the England & Wales Court of Appeal hears the (Pan)Optis-Unwired Planet group’s appeal of a 2023 FRAND judgment that favored Apple all the way.
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UPC Roundup (1 week): third anti-antisuit injunction and another preliminary patent injunction after CoA reverses denial
This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our February 15, 2025 UPC Roundup. 1. “Obey the law” PI in Abbott v. SiBio after CoA reverses The Hague LD (link to detailed article) Due to technical maintenance that took the UPC longer than expected, the…