In-depth reporting and analytical commentary on intellectual property disputes and debates. No legal advice.

Category: Licensors and/or Licensees

$1 million bounty for suing patent licensee’s rivals may be lawful owing to Noerr-Pennington doctrine, anti-SLAPP statute: U.S. court

May 7, 2024

Context: The Northern District of California has become a particularly popular venue for bringing antitrust claims that involve patent litigation and/or licensing. Its judges are considered more receptive to expansive antitrust ideas, and less patentee-friendly, than those in other districts. But since FTC v. Qualcomm, which was overturned on appeal, patent-related antitrust claims have typically…
UPC Mannheim LD sticks to German practice of severing claims against non-EU defendants to avoid delays due to service of process

May 7, 2024

The UPC’s Mannheim Local Division has split up each of three Panasonic v. Xiaomi actions before it into three separate cases so as not to be held up by service of process outside the EU.
UK judge lets Lenovo v. InterDigital claim go forward that would force SEP holders to make two FRAND offers to avoid antitrust violations

May 5, 2024

A puzzling order by Mr Justice Richards in a FRAND action brought by Lenovo against InterDigital runs counter to one of the most basic rules of antitrust law: tying.
Lenovo’s UK-centric SEP litigation strategy against Ericsson and InterDigital exposed again by official filings

May 5, 2024

In its current SEP disputes with Ericsson and InterDigital, Lenovo consistently favors the UK over other jurisdictions, even to the point where its actions contradict its words.
Ericsson says other phone makers accepted its 1% (capped at $4 per unit) 5G standard-essential patent royalty

May 4, 2024

Context: In February, Judges Terrence Boyle of the United States District Court for the Eastern District of North Carolina denied an antisuit injunction motion by Lenovo and its Motorola Mobility subsidiary that would have barred Ericsson from the enforcement of various Latin American standard-essential patent (SEP) injunctions (February 15, 2024 ip fray article). Lenovo appealed…
Munich court sets low bond (€1 million for phones, €3 million for tablets and PCs) for InterDigital v. Lenovo SEP injunction

May 3, 2024

The Munich I Regional Court has confirmed that InterDigital obtained a German patent injunction against Lenovo.
Federal Circuit effectively discourages patentees from availing themselves of pseudo-judicial Amazon procedure named APEX

May 3, 2024

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.
From $67.5M to $142M to $61M: roller-coaster damages award in Samsung SEP case as PTAB invalidates one of two patents

May 2, 2024

The patent that accounts for more than half of the $142M retrial verdict against Samsung has been invalidated by the PTAB.
Unified Patent Court makes first standard-essential patent decision: Mannheim LD orders production of license agreements

May 2, 2024

The UPC’s Mannheim Local Division has entered an order favoring transparency in connection with standard-essential patent license agreements in SEP disputes.
NPE sues Samsung over wireless patents co-developed by Ericsson and Toshiba; represented by Susman Godfrey

April 29, 2024

Litigation powerhouse Susman Godfrey represents a licensing firm named Four Batons Wireless that is asserting former Toshiba patents, co-developed with an Ericsson affiliate, against Samsung in the Eastern District of Texas.