Category: Jurisdictions
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Federal Circuit revives patent case against Nokia, Cisco, Adva: assignment clause under employment contract deemed ambiguous
The majority of a Federal Circuit panel took a rather inventor-friendly position on an assignment clause in an employment agreement.
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Federal Circuit denies fee-shifting with respect to PTAB IPR despite infringement case being exceptionally weak
Two Federal Circuit judges decided (but a district judge sitting by designation disagreed) that challenging a patent-in-suit in the PTAB, even if the IPR petition is brought after an infringement complaint, cannot give rise to fee-shifting.
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German SEP case law is broken — and not “nuanced” as an agenda-driven paper concludes in its own reality distortion field
Based on a biased selection of German SEP decisions that is incomplete even by the authors’ own admission, a new paper attempts to downplay the problem that implementers of standards practically never prevail on a FRAND defense in Germany.
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Munich I Regional Court chastised Lenovo for “hold-out tactics” and declined to recognize UK FRAND determination
InterDigital’s licensing chief has quoted certain passages of the Munich I Regional Court’s recent InterDigital v. Lenovo judgment that reflect unfavorably on Lenovo’s refusal to take a license.
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Federal Circuit upholds ITC holding on domestic industry in cases where products don’t each practice all patents-in-suit
The Federal Circuit today affirmed a USTIC decision according to which economic data must be available for separate groups of products if not all of them practice all patents-in-suit.
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Munich court sets low bond (€1 million for phones, €3 million for tablets and PCs) for InterDigital v. Lenovo SEP injunction
The Munich I Regional Court has confirmed that InterDigital obtained a German patent injunction against Lenovo.
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Federal Circuit effectively discourages patentees from availing themselves of pseudo-judicial Amazon procedure named APEX
Amazon’s Patent Evaluation Express (APEX) may fall out of favor with patent holders as a means of exerting pressure on an alleged infringer, as the Federal Circuit allows bring declaratory-judgment actions in the latter’s home state.
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Federal Circuit Judge Dyk on claim construction: apple on tree is not “secured” to ground through stem, trunk, roots
The assertion of a camera-related patent against a video conferencing company has raised an interesting claim construction question relating to the word “secured” (or “attached”).
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Patent licensing firm’s lawsuits against Apple, Google in UPC, Munich make strange bedfellows among outside counsel
The fiercest rivalry in German patent litigation history results in an apparently unprecedented joint defense alliance.
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DivX wins preliminary injunction in Brazil against Hisense/Toshiba over HEVC-related patent
DivX has obtained a Brazilian preliminary injunction against HiSense, its Toshiba subsidiary and local manufacturer and distributor Multi over a HEVC-essential patent.