Category: Jurisdictions
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Both BMW and Onesta made inconsistent representations in U.S. antisuit dispute this week; Federal Circuit makes first decision
The Federal Circuit will decide on a motion to stay enforcement after Judge Albright has issued his written injunction ruling.
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BREAKING: Judge Albright orders immediate withdrawal of Munich lawsuits over U.S. patents (BMW v. Onesta antisuit injunction)
At the end of a motion hearing in the Western District of Texas, licensing firm Onesta was ordered immediately to withdraw its lawsuits in Munich over two U.S. patents.
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Munich Regional Court Judge Dr. Schoen on incoming new judge, cross-border injunctions, FRAND calculations in Wilus v. ASUS
The incoming Presiding Judge over the 21st Civil Chamber, who will replace Judge Dr. Georg Werner, has been chosen and has a “patent-positive approachā, Judge Dr. Oliver Schoen of the Munich I Regional Court’s 7th Civil Chamber told attendees of the 12th annual IP and Competition Forum in Oxford today.
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Acer sues AT&T, T-Mobile, Verizon in Eastern District of Texas
The smartphone manufacturer has taken a similar approach to fellow mobile phone maker ASUS, targeting the companiesā cellular base stations, some of which are equipped by Nokia, but most of which are supplied by Ericsson.
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Bayer Xarelto cases: Denmark becomes interesting patent PI jurisdiction after first Supreme Court clarification of strong validity presumption
The top Danish court also spoke out on the impact of redundant patent claim elements.
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NPE Onesta will not seek anti-antisuit injunction against BMW’s U.S. antisuit injunction barring Munich enforcement of U.S. patents: de-escalation
Non-practicing entity Onesta puts the fate of BMW’s antisuit injunction (which is presently only a TRO) entirely into the hands of the U.S. federal judiciary.
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Access Advance comments on Chinese dispute with video surveillance equipment maker Dahua, Supreme Court ruling on FRAND pool rate jurisdiction
Judicial FRAND determinations concerning patent pool rates raise various issues. Pool administrators normally do not enjoy price-setting flexibility.
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Munich I Regional Court grants Regeneron preliminary injunctions against Advanz (21 European countries), Celltrion, Hexal, Stada
Regeneron used a patent that previously secured injunctions against Formycon.
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Warner Bros. Discovery “pulls a Samsung” against Nokia with U.S. FRAND/antitrust claims after similar ones in other venues; also argues exhaustion by Apple, Amazon licenses
in the midst of a major merger battle, Warner Bros. Discovery is pursuing FRAND matters in at least three different venues now.
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Federal Circuit holds there is no uniform deadline for appeal of ITC ruling if some defendants were found to violate, others weren’t
Crocs thought it had more time because of the Presidential review period. The Federal Circuit disagreed.