Category: Patent Litigation
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UPC starts development of case law on damages causation and quantification, applying German as well as alternatively EU/UPC statutes
In an outlier case where the UPC was asked to determine damages based on a German merits ruling, the panel was unconvinced of any damages being attributable to the defendant’s infringement as opposed to other causes.
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First U.S. patent long-arm assertions in German court withdrawn with prejudice as Onesta settles with Qualcomm; separately, NVIDIA settled
The realistic best-case scenario for BMW materialized with respect to costs. But the overall course of events will not completely discourage others from pulling an Onesta.
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OpenAI, Adobe win UPC long-arm appeal; French plaintiff can’t invoke French long-arm statute before Paris LD against non-UPCland defendants
The Unified Patent Court’s Court of Appeal. did not need to ask the European Court of Justice for a preliminary ruling in this case.
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Apple settles wide-angle camera patent infringement dispute in District of Delaware after successfully invoking “single-means” doctrine
Apple has settled two parallel actions brought by Canada’s Immervision over the alleged infringement of the latter’s wide-angle camera-related patents, bringing the companies’ five-year dispute to an end.
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OPPO wins German 5G case against ASUS; first such win for OPPO, ASUS’s third Munich defeat in as many months
This is OPPO’s first 5G patent injunction, and the history of the dispute is that ASUS attacked first (directly and via non-practicing entity Innovative Sonic).
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Pendulum swings in Nokia’s favor in Brazilian ASUS preliminary injunction case
Nokia has received a favorable expert report in a Brazilian merits-based preliminary injunction case against ASUS.
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UPC’s Munich LD clears chipset makers Qualcomm and NVIDIA of infringement: appeals very likely
Today the Munich Local Division’s second panel found no infringement in cases targeting Qualcomm and NVIDIA chipsets.
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Recent UPC CoA ruling will lead to more file wrapper arguments even though it clearly wasn’t intended to strengthen them
The CoA is merely being consistent with its Alexion v. Amgen guidance on file wrapper arguments, but some litigants will interpret the latest holding as creating new opportunities for them…
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UPC CoA heard two jurisdictional appeals from Paris LD (FRAND and long-arm), shows strong inclination in one case
Sun Patent Trust was the first SEP holder to seek a FRAND determination in the UPC. French company KeeeX is suing OpenAI, Adobe, a tech industry coalition and others.