Category: Interim Licenses
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ITC staff reiterates its view that Nokia, unlike Amazon, complied with FRAND and recommends U.S. import ban regardless of UK proceedings
The ITC Staff participates in some investigations as a neutral party defending the public interest, and its views are given significant weight by the ultimate decision makers.
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UK Court of Appeal declaration: Lenovo is entitled to an interim cross-license with Ericsson
The England & Wales Court of Appeal (EWCA) today revoked an earlier judgment that denied Lenovo’s request to declare that the company is entitled to an interim cross-license with Ericsson. Instead, it held, Ericsson is “in breach of [its] obligations of good faith” by pursuing claims for injunctions in foreign courts despite Lenovo having undertaken…
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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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UPC, German and other courts should thwart UK ‘interim license’ imperialism with ex parte preliminary injunctions over any affected patents
Context: The England & Wales Court of Appeal (EWCA) appears to have zero regard for other jurisdictions when it wants the UK to become the world’s sole arbiter for FRAND (fair, reasonable and non-discriminatory) licensing terms by ordering standard-essential patent (SEP) holders to grant interim licenses (even potentially including non-SEPs) in an effort to prevent…
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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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Netgear obeys UPC and German anti-antisuit injunctions, yet attempts to thwart Huawei’s patent enforcement through interim license
Netgear has withdrawn its request for a U.S. antisuit injunction against Huawei’s UPC and German cases, but keeps pursuing an interim license.
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First antisuit injunction attack on UPC: Netgear asks U.S. district court for ASI against or interim license from Huawei; fears AASI
In the United States District Court for the Central District of California, Netgear has filed a motoion for an antisuit injunction or, as a fallback, interim license against Huawei.
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UK court denies Lenovo interim license in Ericsson dispute, partly dissuaded by ITC staff’s FRAND opinion, but doesn’t draw clear line
Lenovo essentially argued that the England & Wales Court of Appeal had opened the interim-license floodgates with its Xiaomi-Panasonic decision, but Mr Justice Richards disagreed.