Category: 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.
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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”).