Category: Jurisdictions
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BREAKING: ZTE prevails on FRAND in parallel offensive, defensive cases in landmark German decisions against Samsung
In two parallel decisions, the Munich I Regional Court has granted ZTE a German injunction against Samsung and thrown out Samsung’s own SEP countersuit over FRAND.
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Helsinki LD solves part of less-frequented UPC venues’ chicken-and-egg problem
The Helsinki LD adopts the Hague LD’s equivalence standard based on an approach that offers greater predictability for litigants considering smaller UPC venues. AIM lost again.
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Federal Circuit analysis would create “substantial disincentive” to generic entry, USDOJ tells Supreme Court in Hikma v. Amarin
The key arguments centred on whether it was plausible that Hikma’s marketing amounted to inducement to infringe.
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Belgian SME keeps Dutch at UPC Brussels LD as CFI president rejects Esko’s bid to switch case to English
The President of the UPC Court of First Instance has refused Esko Software’s push for English, keeping a Brussels patent fight in Dutch.
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First U.S. SEP injunction since 2007 now unlikely: Wilus v. Askey & Samsung pretrial conference gets canceled on short notice
On Tuesday, Judge Gilstrap first modified the time of a Wilus v. Askey & Samsung pretrial conference, and later in the day canceled it altogether. Some interesting motions are now unlikely ever to be adjudicated.
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FedEx can fight another day in Qualcomm dispute, as Federal Circuit considers IPR real-parties-in-interest
The USPTO withdrew its initial defense of the PTAB’s refusal of FedEx’s arguments around real parties in interest.
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Pfizer settles with three Vyndamax generic challengers mid-trial, extends exclusivity, presumably through pay-for-delay
Pfizer has quickly reached a settlement with Cipla, Hikma, and Dexcel during a five-day bench trial in Delaware, ending the dispute and extending its effective monopoly.
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BREAKING: Huawei has 5G patent license deal with Tesla — inadvertent disclosure by InterDigital counsel at UK Supreme Court hearing
InterDigital’s barrister has just uniquely identified the previously unknown Avanci 5G licensor who has a direct license deal in place with Tesla as “the single biggest licensor”.
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LG TV case: Federal Circuit OKs mix of standard-related and standard-unrelated infringement theories for same patent claims
“Mixed” patent claims will be at issue sooner or later outside of the U.S., too.
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SEP holders can deprive Tesla’s pursuit of judicial FRAND rate-setting for patent pools of any basis if they want
Tesla’s pursuit of a UK judicial determination on the FRAND rate for a patent pool hangs by a thread: it depends on SEP holders’ positions in licensing and litigation.