Category: Patent Litigation
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After Champions League final, shortly before EURO: UPC preliminary injunction hearing over offside detection patent asserted against UEFA
The Unified Patent Court’s Hamburg Local Division will hear the preliminary injunction request by Ballinno against UEFA and Kinexon on the first business day after the UEFA Champions League final.
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UPC Court of Appeal leaves reliance on prosecution history for another day, affirms PI denial based on holistic claim construction
The Unified Patent Court’s Court of Appeal didn’t have to address the question of whether a patent’s prosecution history is relevant to claim construction, as it affirmed the Munich Local Division’s denial of a preliminary injunction on other grounds.
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Good for NPEs and litigation funders: UPC Munich LD denies requests to order U.S.-based licensing firm to provide security for litigation costs
The Unified Patent Court’s Munich Local Division denied a request by Volkswagen, its Audi subsidiary and Texas Instruments that a license firm be ordered to provide security for litigation expenses.
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WiLAN subsidiary IPA Technologies obtains $242M verdict against Microsoft over patent related to Apple’s Siri voice assistant
A lawsuit filed in the Delaware in early 2018 against Microsoft over six patents resulted in a verdict over just one of those patents, but amounting to $242 million.
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UPC’s Paris Central Division: standstill clause goes to admissibility of revocation claim, not to jurisdiction
The Unified Patent Court’s Paris Central Division has rejected a preliminary objection against a revocation action, holding that a standstill agreement may result in an inadmissibility finding, but not in a lack of jurisdiction.
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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.
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UPC Mannheim LD sticks to German practice of severing claims against non-EU defendants to avoid delays due to service of process
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.
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UPC’s Paris LD: intervenor can’t bring nullity counterclaim if defendant doesn’t; clarifies hurdle for language change
The UPC’s Paris Local Division today clarified that an intervenor faces the same deadline for a nullity counterclaim as the defendant. And the hurdle for changing the language of proceedings is high.