Category: United States
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ITC judge upholds Ericsson patent referencing 5G NR prior to finalization of standard: not indefinite
Administrative Law Judge MaryJoan McNamara of the U.S. International Trade Commission disagreed with Lenovo’s claim that a patent is indefinite for referencing 5G NR while the standard was still in the works.
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Lenovo risks U.S. import ban over 4 SEPs as ITC staff sides with Ericsson on FRAND, reveals Lenovo’s exorbitant royalty demands
A filing by the Office of Unfair Import Investigations, commonly referred to as the ICT Staff, in Ericsson v. Lenovo contains interesting revelations concerning the parties’ FRAND licensing offers and related arguments.
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Ericsson wins Brazilian SEP appeal against Lenovo: preliminary injunction upheld
In the global dispute with Lenovo over (mostly) 5G standard-essential patent licensing,. Ericsson has scored a key win as a Brazilian appeals court upheld a preliminary injunction.
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Lenovo wants Federal Circuit to make antisuit ruling that would expose U.S. to WTO complaint over interference with foreign IP
At today’s Federal Circuit hearing, Lenovo advocated a highly permissive standard for U.S. antisuit injunctions concerning foreign SEP enforcement.
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To do away with Watch feature ban, Apple leverages Supreme Court’s overruling of Chrevon doctrine: Apple v. ITC & Masimo
Apple’s reply brief in its appeal of the USITC’s Apple Watch ban further to Masimo’s complaint leverages the Supreme Court’s recent Loper Bright ruling that did away with the Chevron doctrine.
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Gallium nitride patent wars: ITC judge believes Innoscience infringes one of four patents originally asserted by EPC, but PTAB IPR is pending
Administrative Law Judge Clark Cheney has identified a patent infringement by Innoscience. Efficient Power Conversion prevailed on one of the four patents it originally asserted.
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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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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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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.