Category: Patent Litigation
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It’s official: treble damages, other goodies available in Munich patent cases; still no Texas-size awards, but nothing to sneeze at either
Treble damages in Munich? German patent damages law offers greater opportunities than most patent holders would think. A new landmark ruling draws a roadmap to reasonably sizable damages awards with surmountable evidentiary hurdles.
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Judge Gilstrap finds Verizon reasonably expected not to get sued by Headwater (in which it invested), tosses $175M jury verdict
Judge Gilstrap’s passion for patent law is evidenced by how he uses “to teach away” in a context in which it is highly uncommon terminology.
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CureVac sues Moderna in Delaware over Spikevax patents, seeking treble damages but no injunction
CureVac sues Moderna for treble damages but not an injunction over 10 patents related to Spikevax. The case adds to broader post-COVID mRNA patent battles.
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Disney faces clear and present danger of UPC 11-country HEVC patent injunction in InterDigital case after May 5 & 6 hearing: court document
The UPC Mannheim LD appears unconvinced of Disney’s technical defenses, and even if the court deemed Disney entitled to a FRAND license, an injunction would probably issue.
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ECJ Advocate General says excipient label is binding for SPC purposes: Halozyme v. Czech IPO
AG Emiliou says a substance in a MA that is called an excipient may not be considered an active ingredient for SPC purposes, which would invalidate grants in eight EU member states.
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UPC CD Paris says expired BASF patent still open to attack, makes own determination of technical problem
The UPC’s CD Paris dismissed Huntsman’s revocation action against BASF’s expired EP1516720, confirming that expired patents may still be challenged where past-damage exposure remains live.
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Quantificare v. Canfield Scientific: Dusseldorf LD finds infringement across four UPC states, rejects invalidity counterclaim
The UPC’s Dusseldorf LD ruled that a confirmed infringing act in one contracting member state is enough to support a pan-UPCland injunction, even where the only provable act is in a country the patent holder deliberately carved out of its claim.
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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: Renault loses key SEP battle against Broadcom in Munich appeals court —massive settlement pressure, risk of contempt sanctions
Renault is now under serious settlement pressure as its efforts to avoid compliance with Broadcom’s Ethernet SEP injunction are not yielding results that would move the needle.
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Chinese smart ring maker Zepp Health files counterattack against Oura in Eastern District of Texas
Zepp Health, a Chinese smart wearable manufacturer, has filed a complaint against Finnish rival Oura in the United States District Court for the Eastern District of Texas, five months after the latter targeted it in its campaign in the same court, as well as the United States International Trade Commission.