Category: Germany
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GAME OVER: UK interim license declarations are useless as Munich court threatens injunctions against pressure on SEP holders
The Munich I Regional Court’s 7th Civil Chamber has issued guidance that shows ZTE is winning against Samsung and UK interim license declarations are a waste of time and money.
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At ZTE v. Samsung hearing, Munich I Regional Court gives new FRAND guidance, rejects security focus of UK and Munich appeals courts
Context: What’s new: The Munich I Regional Court’s 7th Civil Chamber held a FRAND hearing today relating to certain infringement actions that are part of the wider ZTE-Samsung dispute. Presiding Judge Dr. Oliver Schoen (“Schön” in German) sealed the courtroom for the case-specific matters, which in the impression of third-party observers are going better for…
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Xiaomi defeats Atlantic IP NPE Nera in UPC, two German court proceedings on hold over validity issues: defensive winning streak
Context: Xiaomi is frequently sued over patents in Europe, particularly in Germany, because of its significant market share. But it defends itself vigorously, affords first-rate lawyers, and has repeatedly achieved strong results. For example, Xiaomi won the first-ever UK interim patent license last year (October 3, 2024 ip fray article), in a case where the…
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BREAKING: Datang sues fellow Chinese company Xiaomi in Munich over three 4G/5G standard-essential patents
This is just a short news piece. A spokeswoman for the Landgericht München I (Munich I Regional Court) confirmed the pendency of three recently-filed Datang v. Xiaomi cases: All three are essential to the LTE (Long Term Evolution) standard, which is known as 4G but also forms the basis of 5G. Datang is a subsidiary…
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ZTE moves for dismissal of Samsung’s California FRAND contract and antitrust action; filing reveals Samsung is seeking interim license in UK
ZTE has responded to Samsung’s SEP-related contract and antitrust complaint in the Northern District of California with a motion to dismiss.
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EXCLUSIVE: SEP enforcement against Chinese car maker BYD reaches Unified Patent Court’s The Hague Local Division
After two SEP enforcement lawsuits against Chinese automaker BYD in Munich, Sol IP added one in Mannheim and is now suing in the UPC’s The Hague Local Division, too.
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UPC Dusseldorf issues first decision on second medical use, hands win to Amgen in cholesterol patent dispute against Sanofi
The Dusseldorf Local Division has clarified how the UPC deals with second medical use in patent infringement proceedings, including considering the extent or significance of the allegedly infringing use, and whether an entity is “positively” or “negatively” influencing a market by encouraging infringement, or preventing a product from being used for patented use.
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Atlas Global at risk of losing four patents-in-suit against defendants including Acer, HP, TP-Link, Vantiva; already lost one definitively
Context: Atlas Global is enforcing WiFi patents acquired from Newracom, an ETRI spinoff, against various device makers in the Unified Patent Court (UPC) and in Germany. Last summer, the Oberlandesgericht München (Munich Higher Regional Court) raised the amount of collateral required for enforcement for €4 million to €26 million in an Atlas v. TP-Link case…