Category: Jurisdictions
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Delhi High Court overturns Philips’ DVD SEP win, finds ‘insufficient evidence’ of essentiality or infringement, narrows royalty base
The Delhi High Court appellate bench has reversed Philips’s landmark DVD SEP win, finding no proof of essentiality, infringement, or FRAND rates. The exhaustion defense saves the defendant.
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LG Electronics sued in Eastern District of Texas by Fortress-linked NPE wielding former TCL China Star Optoelectronics patents
It appears to be the first time that China Star Optoelectronics has divested patents to an NPE that have subsequently been asserted.
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Federal Circuit reverses fee award and sanctions based on broad scope of what is purely lack of merit
The Federal Circuit affirmed dismissal of mCom’s banking patent suits and upheld invalidity findings against the remaining asserted claims, but reversed both the fee award and the sanctions imposed against counsel, reiterating that unsuccessful patent litigation alone does not establish exceptional or abusive conduct.
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SEP holders now have four ways of avoiding UK interim licenses; Acer, ASUS defeat pokes hole in their (F)RAND defenses in Nokia ITC case
Chinese SEP holders may even have a fifth way of avoiding UK FRAND jurisdiction. Meanwhile, for Acer and ASUS, the recent UK appellate ruling complicates everything in their disputes with Nokia.
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USPTO Director provides comprehensive explainer on discretionary denials policy in new decision
The Magnolia decision has essentially been used as a vehicle to communicate the USPTO’s evolving line on discretionary denials, offering detail for patentees and petitioners alike.
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USPTO Director dismisses more inter partes reviews under new rules against petitioners taking different positions on validity in court
Director John Squires is continuing to intervene to stop what he and others see as “bad faith” use of IPRs.
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Actelion falls foul of disclosure-dedication rule, prosecution estoppel in Federal Circuit challenge to Mylan’s hypertension generic
The Federal Circuit agreed that there was neither literal infringement, nor infringement under the doctrine of equivalents.
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Via licensor Philips settles Qi dispute with Belkin; Renault takes patent license from Broadcom
Based on decisions by the UPC to close cases, two significant SEP disputes have apparently been settled: Philips-Belkin (a win for Via in all likelihood) and Broadcom-Renault.
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Brazilian patent judge: “other jurisdictions cannot stop us”; ready to talk to judges in other jurisdictions “to cooperate, not to submit”
Judge Victor Torres sent out important message to judges in other jursidictions during the course of an Oxfirst webinar on Brazilian injunctions.