Category: Jurisdictions
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5 lessons from InterDigital v. Lenovo UK FRAND appeal for EU SEP Regulation
This week’s InterDigital v. Lenovo FRAND appeal in the UK shows again why the proposed EU SEP Regulation is misguided.
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UK appeals court unlikely to affirm InterDigital-Lenovo FRAND determination: Munich court also rejected it as unreliable
The England & Wales Court of Appeal is hearing the InterDigital-Lenovo cross-appeals this week. It appears unlikely that Mr Justice Mellor’s finding of a $0.175/unit FRAND rate will be affirmed.
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Delhi High Court says bank guarantee by OPPO is sufficient to protect InterDigital’s interests — no punitive intent
On appeal, the Delhi High Court has determined that OPPO does not have to make a deposit to ensure InterDigital will get paid at the end of the proceedings: a bank guarantee is enough.
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Patent license negotiators get valuable guidance from Federal Circuit in $20M Google thermostat decision on how to prepare for future trials
In EcoFactor v. Google, the Federal Circuit upheld all three decisions challenged by Google (concerning validity, infringement and, which is discussed in most detail, damages).
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Sun Patent Trust sues Xiaomi over LTE-A standard-essential patents, asks for global FRAND rate determination in France, also sues in India
Licensing firm Sun Patent Trust is suing Xiaomi over LTE-Advanced standard-essential patents in France (seeking a FRAND determination there), India and other jurisdictions.
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Latest Munich SEP injunction shows failure of 2021 patent “reform”: Federal Patent Court of Germany didn’t keep six-month target
The six-month target for Germany’s Federal Patent Court to provide preliminary opinions on nullity actions was not kept in the Atlas Global v. TP-Link case in which the Munich court entered an injunction this month.
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New SEP injunction, new standard for security amount: German case law exacerbates as if judges were begging for political intervention
The standard-essential patent enforcement situation in Germany becomes ever less sustainable as injunction after injunction comes down and defendants’ rights are severely compromised.
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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.