Category: Germany
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European Commission court filing completely disagrees with Sisvel v. Haier: German SEP case law is irreconcilable with EU law
In an amicus curiae brief filed in an appeal by HMD of a Munich judgment in favor of VoiceAge EVS, the European Commission completely rejects (without mentioning it by name) the Sisvel v. Haier decision by Germrany’s Federal Court of Justice.
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Mr Justice Meade’s letter to UPC, German judges regarding upcoming FRAND determination in Panasonic v. Xiaomi & OPPO
Two weeks after ip fray reported on Mr Justice Meade’s plan to write a letter to his colleagues on the UPC and two German national courts regarding his upcoming FRAND determinatoin, the actual letter has become available.
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ASUSTeK affiliate suing Lenovo in UPC as well as Munich I Regional Court: September trial
Innovative Sonic Limited is suing Lenovo in the UPC as well as the Munich I Regional Court over ASUSTeK patents.
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Damages are owed if patent would be infringed in Germany and promotion leads to actual foreign sales and production: Federal Court of Justice
The Federal Court of Justice of Germany has vacated and remanded a zero-damages decision in a case in which a machine was installed in a foreign country, where the patent had not been renewed, but promoted in Germany.
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Next Munich SEP injunction looms large in Panasonic v. OPPO: court inclined to deem patent valid and essential
At yesterday’s Panasonic v. OPPO trial, the Munich I Regional Court’s 21st Civil Chamber stated a preliminary opinion according to which the patent is valid and infringed. An injunction looms large.
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UPC CoA order clarifies: arguments for stay are stricken if made only at interim conference; and reveals request for ECJ referral
A patent holder suing Nokia has defended its patent in the Federal Patent Court of Germany, believes to be close to affirmance of that decision by the Federal Court of Justice and now doesn’t want the UPC to rule on a revocation claim.
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Latest Munich SEP injunction shows failure of 2021 patent “reform”: Federal Patent Court of Germany didn’t keep six-month target
The six-month target for Germany’s Federal Patent Court to provide preliminary opinions on nullity actions was not kept in the Atlas Global v. TP-Link case in which the Munich court entered an injunction this month.
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New SEP injunction, new standard for security amount: German case law exacerbates as if judges were begging for political intervention
The standard-essential patent enforcement situation in Germany becomes ever less sustainable as injunction after injunction comes down and defendants’ rights are severely compromised.
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German SEP case law is broken — and not “nuanced” as an agenda-driven paper concludes in its own reality distortion field
Based on a biased selection of German SEP decisions that is incomplete even by the authors’ own admission, a new paper attempts to downplay the problem that implementers of standards practically never prevail on a FRAND defense in Germany.