Category: Interim Licenses
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Bill pending in Brazil’s Senate would add anti-interference (including anti-interim-license) provisions to patent law: draconian sanctions
Brazil is now the first country with a pending legislative proposal to penalize those seeking antisuit injunctions and interim licenses.
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Fighting left-handed, UPC risks knock-out blows from foreign courts: CoA rejects interference, but may stop short of effective protection
The UPC CoA’s general stance on pushing back against foreign interference is strong and positive. But it may not be enough against jurisdictions that act (and interpret) aggressively and flexibly.
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UPC Court of Appeal says interference through UK interim licenses will not be tolerated: Amazon on losing track against InterDigital, but limited scope
The UPC CoA is inclined to throw out Amazon’s appeal against InterDigital’s anti-interference injunction and is sending out a strong message to judicial imperialists in the UK. The UPC is fully prepared to defend its jurisdiction.
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UK judge makes thinly-veiled antisuit threat against UPC; Advisory Committee chair mocks Mannheim LD, openly disagrees with UPC President
Today’s LESI event in Munich showed deep divisions within the UPC ecosystem over the subject of docket distribution, and even deeper ones between UK and continental European courts concerning patent rulings with cross-border effect.
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UK appeals court permanently stays Acer, ASUS FRAND cases against Nokia: arbitration acceptable; no more FRAND trial
The Court of Appeal of England & Wales has largely overruled a decision by the High Court of Justice and stayed the proceedings. The two computer makers overplayed their hand.
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Ericsson wants “problem-solving, not posturing”: arbitration offer as safe harbor against “court-manufactured” interim licenses
Ericsson is a major SEP holder, but also licenses other companies’ patents for its network infrastructure products. Is head of patent assertions advocates a balanced, symmetrical approach where arbitration remains voluntary but its rejection precludes interim licenses.
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English appeals court presses Acer, ASUS on refusal to arbitrate Nokia licensing terms; UPC’s PMAC mentioned as one option
Computer makers Acer and ASUS have a credibility problem with respect to their willingness to take a FRAND license. Nokia’s only problem is the state of English SEP case law.
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BREAKING: UPC Mannheim LD grants Nokia anti-antisuit injunction against automaker Geely’s Chinese interim-license request; UPDATE: same in Munich court
After InterDigital v. Amazon, the UPC has again entered a preliminary injunction in order to prevent foreign interference with UPC proceedings in the form of an interim license. The maximum iniital penalty is €50M.
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60% of global economy shares UPC Mannheim LD’s concerns over judicial overreach; UK accounts for 3%, but wants to dictate FRAND to everyone
The UK judiciary is increasingly isolated on the global map of patent litigation. Instead of finding its place as a reasonable jurisdiction that renders opinions of persuasive value, it is digging itself an ever deeper hole.
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Interjurisdictional peace in global SEP enforcement would be possible through mutual covenants not to go extraterritorial
Some litigants are now busier litigating anti-interference and antisuit injunctions (which come in different shapes and forms) than the actual patents. That is an inefficient resource allocation.