Category: Patent Litigation
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FRAND is in flux in Munich: lower court has concerns about appeals court’s preliminary position, yet made adjustments
Presiding Judge Dr. Oliver Schoen of the Munich I Regional Court’s Seventh Civil Chamber discussed his panel’s take on FRAND in light of a pending appeal.
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Ericsson filing with ITC elaborates on HEVC owners’ licensing obligations, multi-standard license bundle, 16 years of trying to sell license
A post-hearing brief filed by Ericsson in an ITC investigation sheds light on Lenovo’s negotiation conduct and elaborates on the obligations of owners of HEVC SEP.
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Chinese solar panel manufacturer JinkoSolar files first U.S. patent infringement complaint
The lawsuit comes against the backdrop of an increasingly litigious solar panel patent market.
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UPC judge: low volume of art identified by EPO and parallel U.S. grant build confidence in validity of patent underlying ex parte PI request
Last month, the Unified Patent Court’s Milan Local Division granted an ex parte preliminary injunction against a Chinese maker of protective gear over a very recently-issued patent.
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First antisuit injunction attack on UPC: Netgear asks U.S. district court for ASI against or interim license from Huawei; fears AASI
In the United States District Court for the Central District of California, Netgear has filed a motoion for an antisuit injunction or, as a fallback, interim license against Huawei.
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Member of European Parliament says EU SEP Regulation is stuck in Council, could be for ten years
Spanish MEP Adrián Vázquez Lázara, speaking at a Euractiv panel discussion, said the proposed EU regulation on standard-essential patents is not moving forward at the EU Council.
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Unified Patent Court has become world’s most important forum for preliminary injunctions over patents: high growth, high win rate
The fastest-growing segment of Unified Patent Court actions is preliminary injunctive relief. And the win rate is high.
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ITC judge rejects Lenovo’s most important defense against Ericsson: 2011 license agreement doesn’t cover current Motorola phones
Administrative Law Judge Cameron Elliot has rejected Lenovo’s license-based defense according to which its Motorola devices were allegedly still covered by a 2011 license agreement.
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ITC staff: HEVC SEPs are not FRAND-encumbered like cellular ones; Ericsson merely had to negotiate with Lenovo
The Office of Unfair Import Investigations of the United States International Trade Commission has taken a fairly permissive position on the enforcement of video codec SEPs.
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Right-sizing judicial FRAND determinations: one patent at a time? one country? worldwide? or even pools?
Courts can set FRAND rates, and they can form on opinion on whether a given party’s conduct was FRAND, but there are (and must be) important limitations. Litigation isn’t negotiation.