Category: Jurisdictions
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UK appeals court not amused: Panasonic risks appellate loss to Xiaomi or antisuit injunction plus sanctions in case of AASI
By first agreeing to have FRAND rates set by the English courts and subsequently preferring to seek leverage from UPC and German SEP injunctions, Panasonic may have outmaneuvered itself.
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Pool rate-setting by courts: various questions left to be resolved in China after SPC ruling while Tesla appeals dismissal in UK
The recent decision by the Supreme People’s Court of China in tCL v. Access Advance on pool rate-setting is narrower than it appeared at first sight. Chinese courts tend to evaluate FRAND questions multifactorially.
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New Huawei v. Netgear filings discovered in Munich and UPC interim conference to take place next week: WiFi 6 SEPs
Huawei has concluded many WiFi 6 licenses without litigation, and has recently settled disputes with Amazon and German router maker AVM. Netgear is facing six WiFi 6 SEP assertions in the UPC and German national courts.
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Munich appeals court raises enforcement security amount from €4 to €26 million in WiFi 6 SEP case: Atlas Global v. TP-Link
Context: The Munich I Regional Court’s Seventh Civil Chamber, the best-known patent infringement panel there, has recently taken a highly skeptical approach to the security amounts requested by defendants in the event of a provisional (i.e., while an appeal is pending) enforcement of an injunction. One noteworthy case in which a rather low amount of…
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Ericsson wins Brazilian SEP appeal against Lenovo: preliminary injunction upheld
In the global dispute with Lenovo over (mostly) 5G standard-essential patent licensing,. Ericsson has scored a key win as a Brazilian appeals court upheld a preliminary injunction.
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Lenovo wants Federal Circuit to make antisuit ruling that would expose U.S. to WTO complaint over interference with foreign IP
At today’s Federal Circuit hearing, Lenovo advocated a highly permissive standard for U.S. antisuit injunctions concerning foreign SEP enforcement.
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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.