Category: Patent Litigation
-
UK appeals court throws out Lenovo’s appeal of preliminary injunction bid designed to serve as antisuit injunction in LatAm
Lord Justice Arnold reminds readers of his judgment of a structural shortcoming he sees in today’s SEP licensing system, but that doesn’t entitle Lenovo to UK relief against Latin American patent enfrocement.
-
UK appeals court not amused: Panasonic risks appellate loss to Xiaomi or antisuit injunction plus sanctions in case of AASI
By first agreeing to have FRAND rates set by the English courts and subsequently preferring to seek leverage from UPC and German SEP injunctions, Panasonic may have outmaneuvered itself.
-
Lenovo risks U.S. import ban over 4 SEPs as ITC staff sides with Ericsson on FRAND, reveals Lenovo’s exorbitant royalty demands
A filing by the Office of Unfair Import Investigations, commonly referred to as the ICT Staff, in Ericsson v. Lenovo contains interesting revelations concerning the parties’ FRAND licensing offers and related arguments.
-
UPC Court of Appeal: U.S. bank guarantee doesn’t count as security for litigation expenses, UK insurance policy hard to evaluate
Context: The Unified Patent Court (UPC) enjoys greater wiggle room than some national courts, such as in Germany, with respect to the provision of collateral for litigation expenses (and even more so, at the enforcement stage, though it will take more time for that part to be sorted out). Step by step, the UPC’s Court…
-
Panasonic v. Xiaomi shows need for UPC’s Court of Appeal to harmonize case law on extended deadlines: can pleadings be fragmented?
The Unified Patent Court’s Court of Appeal will sooner or later have to resolve the question of whether the applicable rules allow a fragmentation and desynchronization of pleadings, such as by putting FRAND and technical arguments on different timelines.
-
UPC’s Dusseldorf LD denies PI in Novartis v. Celltrion: some preparations for product launch aren’t sufficient for imminent infringement
The UPC’s Dusseldorf LD unsurprisingly denied a preliminary injunction motion by Novartis over Celltrion’s preparations for the launch of a biosimilar.
-
Pool rate-setting by courts: various questions left to be resolved in China after SPC ruling while Tesla appeals dismissal in UK
The recent decision by the Supreme People’s Court of China in tCL v. Access Advance on pool rate-setting is narrower than it appeared at first sight. Chinese courts tend to evaluate FRAND questions multifactorially.
-
UPC’s Munich LD grants PI in barcode scanner case, clarifies direct infringement standard, absolute vs. relative prohibition, urgency
The UPC’s Munich Local Division has granted a preliminary injunction in a case involving a software development kit used for barcode scanning, and has spoken out on several important legal questions in that decision.