Category: Patent Litigation
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Lenovo risks U.S. import ban over 4 SEPs as ITC staff sides with Ericsson on FRAND, reveals Lenovo’s exorbitant royalty demands
A filing by the Office of Unfair Import Investigations, commonly referred to as the ICT Staff, in Ericsson v. Lenovo contains interesting revelations concerning the parties’ FRAND licensing offers and related arguments.
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UPC Court of Appeal: U.S. bank guarantee doesn’t count as security for litigation expenses, UK insurance policy hard to evaluate
Context: The Unified Patent Court (UPC) enjoys greater wiggle room than some national courts, such as in Germany, with respect to the provision of collateral for litigation expenses (and even more so, at the enforcement stage, though it will take more time for that part to be sorted out). Step by step, the UPC’s Court…
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Panasonic v. Xiaomi shows need for UPC’s Court of Appeal to harmonize case law on extended deadlines: can pleadings be fragmented?
The Unified Patent Court’s Court of Appeal will sooner or later have to resolve the question of whether the applicable rules allow a fragmentation and desynchronization of pleadings, such as by putting FRAND and technical arguments on different timelines.
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UPC’s Dusseldorf LD denies PI in Novartis v. Celltrion: some preparations for product launch aren’t sufficient for imminent infringement
The UPC’s Dusseldorf LD unsurprisingly denied a preliminary injunction motion by Novartis over Celltrion’s preparations for the launch of a biosimilar.
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Pool rate-setting by courts: various questions left to be resolved in China after SPC ruling while Tesla appeals dismissal in UK
The recent decision by the Supreme People’s Court of China in tCL v. Access Advance on pool rate-setting is narrower than it appeared at first sight. Chinese courts tend to evaluate FRAND questions multifactorially.
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UPC’s Munich LD grants PI in barcode scanner case, clarifies direct infringement standard, absolute vs. relative prohibition, urgency
The UPC’s Munich Local Division has granted a preliminary injunction in a case involving a software development kit used for barcode scanning, and has spoken out on several important legal questions in that decision.
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Philips settles multi-year SEP dispute with Thales/Telit: CalAmp, Laird, Xirgo not off the hook with respect to Quectel modules
After almost four years, the SEP dispute between Philips and Thales, which sold the relevant business unit to Telit along the way, was settled this week.
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New Huawei v. Netgear filings discovered in Munich and UPC interim conference to take place next week: WiFi 6 SEPs
Huawei has concluded many WiFi 6 licenses without litigation, and has recently settled disputes with Amazon and German router maker AVM. Netgear is facing six WiFi 6 SEP assertions in the UPC and German national courts.
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Munich appeals court raises enforcement security amount from €4 to €26 million in WiFi 6 SEP case: Atlas Global v. TP-Link
Context: The Munich I Regional Court’s Seventh Civil Chamber, the best-known patent infringement panel there, has recently taken a highly skeptical approach to the security amounts requested by defendants in the event of a provisional (i.e., while an appeal is pending) enforcement of an injunction. One noteworthy case in which a rather low amount of…