Category: Germany
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Human lives at stake: Munich court warns against chilling effect of excessive prior art eligibility as rivaroxaban dispute heads into final round
All other Munich landmark rulings related to access to injunctive relief, be it about SEPs, the invalidity defense to PIs, or anti-antisuit relief in different forms. The latest one is about patients more so than patents.
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Brazilian court enters Panasonic v. HMD PI: Via AAC pool offer was FRAND enough; UPC, German case law cited; ruling points to ip fray
Brazilian SEP case law is evolving rapidly, and the judges in Rio de Janeiro increasingly follow developments in other jurisdictions. Occasionally they do so via ip fray.
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For indirect infringement, the other component need not actually exist, says UPC Dusseldorf LD in filter cartridge case
The UPC’s Dusseldorf LD ruled that a filter cartridge can indirectly infringe a patent even if the complementary funnel is not yet on the market. It also clarified patent exhaustion.
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BREAKING: Multi-brand truck maker PACCAR apparently took Avanci license — Acer’s Munich case withdrawn on eve of trial
Most likely, PACCAR resolved the disputes with Acer and Longhorn through an Avanci pool license.
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UPC docket distribution is ‘harmful’ and ‘undermining’ or a ‘non-concern’? European patent attorneys strongly divided
A letter by the European Patent Lawyers Association reveals that most non-German European patent attorneys believe that the current state of the Unified Patent Court’s (UPC’s) case distribution (currently very German-heavy) is a huge concern and implore the UPC to change its system. Germans, on the other hand, are strongly against intervention.
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UPC’s first Brazilian plaintiff wins PI in parallel Munich proceedings
Brazilian implant manufacturer Silimed, which filed the Unified Patent Court’s first Brazilian complaint last month, has won a preliminary injunction against its rival Polytech in the Munich Regional Court in parallel proceedings.
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Interview with Presiding Judge Dr. Oliver Schoen (Munich I Regional Court) on FRAND disclosure proceedings without infringement litigation, PIs, and more
Practitioners take note: at last week’s Nokia v. Acer & ASUS trial, Presiding Judge Dr. Schoen mentioned a new procedure for FRAND (fair, reasonable and non-discriminatory licensing) disclosures. We were curious to dive deeper into this and had other questions as well.
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ASUS affiliate Innovative Sonic wins 5G SEP injunction against OPPO and OnePlus in Munich
Two weeks after OPPO prevailed for the first time on a 5G patent assertion against ASUS, the latter’s affiliate Innovative Sonic strikes back with a 5G injunction.
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Munich court enjoins Deutsche Telekom’s high-speed fixed-line offering, lets Broadcom, Nokia, Huawei (but not Adtran) off the hook
In a differentiated reasoning, the Munich I Regional Court’s 7th Civil Chamber explained in open court that only Deutsche Telekom’s use of Adtran products, but not that of Huawei and Nokia products, infringed the patent-in-suit.
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Nokia wins second pair of HEVC injunctions against Acer, ASUS in Munich I Regional Court
Nokia is already enforcing an HEVC injunction in Germany against Acer and ASUS. Now it has a second one in place, making it harder for the computer makers to resume their sales in the near term.