Category: United Kingdom
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A âbreakthroughâ that may have gone âtoo farâ: fallout follows ECJâs cross-border jurisdiction ruling
European patent attorneys have largely welcomed a European Court of Justice decision allowing courts to rule on the infringement of U.S., UK, and other foreign patents (as well as award damages and injunctions). But those in foreign jurisdictions, such as China, are concerned that the ruling could lead to âsignificant chaosâ and that the court…
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UK appeals court hears Optis v. Apple FRAND appeal of “wholly inaccurate analysis” that also involves judicial imperialism against the U.S.
Starting today, the England & Wales Court of Appeal hears the (Pan)Optis-Unwired Planet group’s appeal of a 2023 FRAND judgment that favored Apple all the way.
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Interim license appeal: the UK could end up violating the border of the United States of America for the first time since the War of 1812
Context: Our preview of today’s England & Wales Court of Appeal (EWCA) hearing of Lenovo’s pursuit of an interim license to Ericsson’s standard-essential patents (SEPs) (February 16, 2025 ip fray article) described the key question as whether “imperialism or sanity” would prevail. What’s new: Lord Justice Newey, Lord Justice Arnold and Lady Justice Falk heard…
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UK appeals court to hear Lenovo’s demand for forcible interim license from Ericsson starting on Tuesday: will imperialism or sanity prevail?
Starting Tuesday, the England and Wales Court of Appeal will hear Lenovo’s appeal of the denial of a forcible interim license from Ericsson. International comity is at stake.
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After 15+ years without license, Amazon bets on UK court forcing Nokia to grant interim license in May or June, but some claims are not FRAND-encumbered
Amazon hopes that a UK interim license will be granted in a few months’ time and thwart Nokia’s patent enforcement on a worldwide basis.
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Interim license imperialism: Lord Justice Arnold becomes a threat to UK relations with the United States, Europe, other countries and regions
Context: Just a week ago, we raised concerns over Lord Justice Richard Arnold’s decision to expedite Lenovo’s appeal of the denial of an interim license from Ericsson and warned that an exceedingly expansive application of that instrument could provoke a World Trade Organization (WTO) complaint by the European Union (January 26, 2025 ip fray article)….
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EU Commission may have to bring WTO complaint against UK: appeals court says Lenovo may get interim license from Ericsson, schedules urgent hearing for February 18
An order by the England & Wales Court of Appeal says Lenovo has “real prospects” of securing a interim license against Ericsson, which could give rise to an EU-UK trade dispute.
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Abbott fends off Dexcom’s push for patent royalties as multi-jurisdictional litigation settles with 10-year zero-zero patent peace over glucose monitoring devices
Abbott and Dexcom have settled a multi-jurisdictional patent dispute over glucose monitoring devices. It appears that Dexcom failed to achieve its goal of getting Abbott to pay.
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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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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.