Category: Jurisdictions
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AstraZeneca defends record patent invalidation claims in China
The UK pharma giant has defeated 33 invalidation claims brought by Chinese generics manufacturers against crystal form patents related to its highest-selling diabetes drug.
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China’s Supreme People’s Court settles mRNA patent, trade secrets litigation under President Xi’s new ‘Fengqiao’ dispute model
Chinese courts are imposing mediation on more and more cases under the new order, including those involving patent infringement.
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FRAND is in flux in Munich: lower court has concerns about appeals court’s preliminary position, yet made adjustments
Presiding Judge Dr. Oliver Schoen of the Munich I Regional Court’s Seventh Civil Chamber discussed his panel’s take on FRAND in light of a pending appeal.
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Ericsson filing with ITC elaborates on HEVC owners’ licensing obligations, multi-standard license bundle, 16 years of trying to sell license
A post-hearing brief filed by Ericsson in an ITC investigation sheds light on Lenovo’s negotiation conduct and elaborates on the obligations of owners of HEVC SEP.
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Chinese solar panel manufacturer JinkoSolar files first U.S. patent infringement complaint
The lawsuit comes against the backdrop of an increasingly litigious solar panel patent market.
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First antisuit injunction attack on UPC: Netgear asks U.S. district court for ASI against or interim license from Huawei; fears AASI
In the United States District Court for the Central District of California, Netgear has filed a motoion for an antisuit injunction or, as a fallback, interim license against Huawei.
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Ruling on Tesla’s appeal of dismissal of UK FRAND case against Avanci unlikely before January
Tesla wants a UK FRAND determination concerning the Avanci 5G patent pool, whose rates have been accepted by the industry at large.
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ITC judge rejects Lenovo’s most important defense against Ericsson: 2011 license agreement doesn’t cover current Motorola phones
Administrative Law Judge Cameron Elliot has rejected Lenovo’s license-based defense according to which its Motorola devices were allegedly still covered by a 2011 license agreement.
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ITC staff: HEVC SEPs are not FRAND-encumbered like cellular ones; Ericsson merely had to negotiate with Lenovo
The Office of Unfair Import Investigations of the United States International Trade Commission has taken a fairly permissive position on the enforcement of video codec SEPs.
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Right-sizing judicial FRAND determinations: one patent at a time? one country? worldwide? or even pools?
Courts can set FRAND rates, and they can form on opinion on whether a given party’s conduct was FRAND, but there are (and must be) important limitations. Litigation isn’t negotiation.