Category: Patent Litigation
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Think twice before filing in the UPC if you foresee a private-prior-use defense under German law: further Fujifilm v. Kodak analysis
There are opportunities in the UPC, but sometimes there can be a downside. The CoA’s Fujifilm v. Kodak decision lays out a permissive approach to (German) prior use in evidentiary, substantive, and procedural terms.
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NPEs seeking U.S. patent injunctions won’t benefit from Judge Gilstrap’s clearly erroneous finding of irreparable harm in Collision v. Samsung
Some defense-focused patent litigators warn against the potential fallout from Judge Gilstrap’s Collision v. Samsung decision while enforcement-oriented lawyers see opportunities for NPEs. But the part that gets everyone excited is clear legal error.
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UPC grants Samsung two-week extension to comment on court’s proposal for settlement with ZTE, Samsung risks unwillingness finding
Samsung’s request for an extension of time by a full month appeared unreasonable (if not outrageous) to the UPC’s Mannheim LD.
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Samsung argues non-infringement or breach of (F)RAND obligations in latest Netlist bout
The Korean company’s District of Delaware complaint follows its targeting in a Netlist infringement action filed on the same day that the patent-in-suit was issued.
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Supreme Court holds generics maker Hikma not liable for induced infringement: inducement must be “clear” and “affirmative”
A unanimous Supreme Court says the Federal Circuit has been on the wrong track lately by loosening the standard for induced infringement.
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UPC CoA lifts Fujifilm’s German, UK injunctions against Kodak over prior use, lack of joint tortfeasorship; $2M contempt fine baseless
The UPC’s Court of Appeal seized the opportunity to provide detailed guidance on various questions of law, particularly long-arm claims.
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Micron files declaratory judgment action on same day as patent grant in expansion of chipmakers’ fight with Netlist
The dispute over JEDEC-compliant memory technologies continues with a newly issued patent in the mix.
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Moderna appeals to save $1.3 billion patent dispute payout, asserts U.S. government-contractor immunity
Moderna has alleged that a district courtâs conclusions in a case against Arbutus are âdeeply flawedâ and that the U.S. Congress created Section 1498 specifically to shield government contractors from liability for government-authorized patent use in fulfilling a government procurement contract.
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The UPC needs to stand united in the face of (hopefully temporary) stagnation, global dynamics, and external threats
The second half of 2026 will show whether the UPC is growing despite the first four months suggesting the opposite. The global patent litigation map is more diverse than ever, and the UPC is facing challenges..
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Munich court orders six months of coercive detention over UPC enforcement gamesmanship in silicone implant patent dispute
The Munich I Regional Court ordered coercive detention for six months against a Polytech managing director after finding the company used its parent as a strawman to block Silimed’s planned UPC enforcement of a disputed patent.