Category: Jurisdictions
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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.
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UK court denies Lenovo interim license in Ericsson dispute, partly dissuaded by ITC staff’s FRAND opinion, but doesn’t draw clear line
Lenovo essentially argued that the England & Wales Court of Appeal had opened the interim-license floodgates with its Xiaomi-Panasonic decision, but Mr Justice Richards disagreed.
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Lenovo avoids U.S. import ban over two Ericsson non-SEPs (for now): initial determination by ITC judge
An Administrative Law Judge of the U.S. International Trade Commission has held the asserted claims of two Ericsson patents invalid, The final decision will be made by the commissioners.
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Is it a good idea for courts to determine patent pool rates even if a pool has already achieved market acceptance?
Before courts set patent pool rates, it bears reflecting on what that means if a pool’s terms already has been accepted by large parts of the market.
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Munich appeals court rejects German approach to standard-essential patents, tends to pave way for next ECJ ruling on FRAND
The Munich appeals court rejects a FRAND framework under which practically every implementer of a standard gets enjoined, often over petty behavioral details.
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Patent enforcement against LEDs used in automotive lighting launched in UPC and Munich court: Nichia v. Endrich (Dominant Opto partner)
Nichia, a Japanese company with a significant record in the enforcement of LED patents against rivals, has launched a new campaign in the Unified Patent Court and the Munich I Regional Court.
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BREAKING: New standard-essential patent dispute between ZTE and Lenovo discovered in UK
Between Lenovo and ZTE, the former would be the net licensee, so this may be not only an infringement lawsuit, but also a FRAND claim.