Category: Patent Litigation
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Federal Circuit revisits standing under U.S. Constitution’s Article III in post-grant appeals
The Federal Circuit dismissed ironSource’s appeal of a PTAB post-grant review, ruling it lacked standing. The court said potential infringement exposure under substitute claims falls short of a concrete “injury in fact”.
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Northern Ireland’s special status at issue in new UPC long-arm ruling; plus, a strategy for substantiating imminent infringement
The dispute between Dyson and Dreame continues to give the Unified Patent Court, at both levels, opportunities to provide important clarifications, particularly on long-arm jurisdiction.
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PTAB abused discretion by staying reexamination that favored patentee, Proxense tells Federal Circuit
Licensing firm Proxense has appealed a PTAB decision to stay a reexamination that was on the verge of finding patentability and instead found such findings to be moot, allegedly breaching the APA.
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An interview with Proxense CEO John Giobbi
“Litigation has been the path we’ve had to take because the tech giants today just aren’t willing to license patents that they infringe unless you sue them and take them to the mat,” Mr. Giobbi told ip fray about the former operating company (now patent assertion entity) in an exclusive interview.
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China withdrew antisuit policy ‘to the extent that it ever existed’ during first WTO dispute with EU, whose monitoring continues
The Supreme People’s Court of China withdrew its “anti-suit policy” (to the extent it ever existed) during the WTO-level dispute resolution proceedings with the EU. It is unclear what this practically means.
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Netflix gains momentum in DivX global streaming dispute as U.S. court clears it of $400M+ in damages
In a long-running streaming patent dispute against Netflix, where DivX has gained significant ground in Brazil, the case has now reached a turning point. After a Federal Circuit decision invalidated several of DivX’s asserted patents, a U.S. jury has now found that the company did not infringe four of those patents-in-suit.
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UPC Munich LD proceeds with expert evidence on infringement despite EPO opposition panel’s revocation decision
The UPC’s Munich Local Division denied a stay of infringement proceedings despite the EPO having revoked the patent.
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Delhi High Court orders Rosenberger to pay $17.7 million in damages, upholds rival antenna patent
Delhi High Court has awarded Canadian antenna maker CCA $17.7 million in a patent infringement suit against German antenna maker Rosenberger on the 13th anniversary of the Novartis ruling. The decision sets comparable royalties as the standard for damages and employed live transcription for the first time in an Indian patent trial.