Category: Jurisdictions
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Federal Circuit revisits standing under U.S. Constitution’s Article III in post-grant appeals
The Federal Circuit dismissed ironSource’s appeal of a PTAB post-grant review, ruling it lacked standing. The court said potential infringement exposure under substitute claims falls short of a concrete “injury in fact”.
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Northern Ireland’s special status at issue in new UPC long-arm ruling; plus, a strategy for substantiating imminent infringement
The dispute between Dyson and Dreame continues to give the Unified Patent Court, at both levels, opportunities to provide important clarifications, particularly on long-arm jurisdiction.
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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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PTAB abused discretion by staying reexamination that favored patentee, Proxense tells Federal Circuit
Licensing firm Proxense has appealed a PTAB decision to stay a reexamination that was on the verge of finding patentability and instead found such findings to be moot, allegedly breaching the APA.
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TikTok gets Tianma treatment from USPTO Director Squires: seven IPR institutions vacated
Squires has now halted another set of IPRs on the basis that petitioner TikTok failed to establish whether a foreign government is a real party in interest.
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An interview with Proxense CEO John Giobbi
“Litigation has been the path we’ve had to take because the tech giants today just aren’t willing to license patents that they infringe unless you sue them and take them to the mat,” Mr. Giobbi told ip fray about the former operating company (now patent assertion entity) in an exclusive interview.
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China withdrew antisuit policy ‘to the extent that it ever existed’ during first WTO dispute with EU, whose monitoring continues
The Supreme People’s Court of China withdrew its “anti-suit policy” (to the extent it ever existed) during the WTO-level dispute resolution proceedings with the EU. It is unclear what this practically means.
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Netflix gains momentum in DivX global streaming dispute as U.S. court clears it of $400M+ in damages
In a long-running streaming patent dispute against Netflix, where DivX has gained significant ground in Brazil, the case has now reached a turning point. After a Federal Circuit decision invalidated several of DivX’s asserted patents, a U.S. jury has now found that the company did not infringe four of those patents-in-suit.
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São Paulo court grants Johnson & Johnson extraordinary emergency relief and reinstates injunction in med tech patent dispute
The President of the Private Law Section of the São Paulo Court of Justice granted extraordinary emergency relief, reinstating an injunction previously lifted on appeal in this med tech patent dispute, in a procedurally unusual intervention.