Category: Patent Litigation
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Samsung uses brute-force FRAND strategy: parallel antitrust/contract lawsuits against ZTE in U.S., UK, Germany
Context: When we became aware of a press release by the Frankfurt Regional Court on an antitrust action by an implementer against a Chinese standard-essential patent (SEP) holder, the fact that Samsung had previously sued ZTE in the High Court of Justice for England & Wales (EWHC) was the primary reason for which we were…
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UK Court of Appeal declaration: Lenovo is entitled to an interim cross-license with Ericsson
The England & Wales Court of Appeal (EWCA) today revoked an earlier judgment that denied Lenovo’s request to declare that the company is entitled to an interim cross-license with Ericsson. Instead, it held, Ericsson is “in breach of [its] obligations of good faith” by pursuing claims for injunctions in foreign courts despite Lenovo having undertaken…
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In Nokia v. Amazon, USITC raises fundamental questions about FRAND and licensor’s reliance on U.S. licensees manufacturing abroad
It is unclear whether the ITC’s current leadership seeks to narrow the scope of the agency’s jurisdiction or just wants to make the decision appeal- and review-proof.
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A ‘breakthrough’ that may have gone ‘too far’: fallout follows ECJ’s cross-border jurisdiction ruling
European patent attorneys have largely welcomed a European Court of Justice decision allowing courts to rule on the infringement of U.S., UK, and other foreign patents (as well as award damages and injunctions). But those in foreign jurisdictions, such as China, are concerned that the ruling could lead to “significant chaos” and that the court…
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LONG ARM: European Court of Justice lets courts rule on infringement of U.S., UK, other foreign patents and award damages and injunctions, subject to defendant’s domicile
The most impactful decision by the European Court of Justice on jurisdiction over patent infringement cases enables the UPC to adjudicate the UK parts of European patents and national courts to decide even on U.S. patents.
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UK appeals court hears Optis v. Apple FRAND appeal of “wholly inaccurate analysis” that also involves judicial imperialism against the U.S.
Starting today, the England & Wales Court of Appeal hears the (Pan)Optis-Unwired Planet group’s appeal of a 2023 FRAND judgment that favored Apple all the way.
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Delhi High Court hands Philips landmark win in triple DVD SEP infringement case
After over 13 years of litigation, the Delhi High Court has found that three local DVD manufacturers knowingly infringed one of Philips’ patents – but due to the patent term expiring, has refused to grant a permanent injunction.
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Chinese automotive industry associations ‘encouraging Chinese automakers not to take a license from Avanci’
The China Automotive Technology & Research Center Ltd. and China Society of Automotive Engineers have highlighted that Avanci’s rates are too high and Chinese car makers should only settle for as low as 10% of its global SEP licensing rates, sources close to the matter have told ip fray.
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U.S. trade judge postpones Ericsson-Lenovo remedy recommendation again — now to April 4, 2025
After an unusually long period between the decision on the technical merits and the recommendation on remedy, a USITC judge has postponed her Ericsson-Lenovo decision once again.
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Munich appeals court postpones key FRAND ruling in VoiceAge EVS v. HMD case with European Commission intervention
We don’t normally report on scheduling decisions, but the standard-essential patent (SEP) ecosystem eagerly awaits the ruling by the Oberlandesgericht München (Munich Higher Regional Court) in VoiceAge EVS v. HMD. It was originally scheduled for February 6, 2025, then postponed by two weeks to today, and has now been pushed back another four weeks to…