Category: Patent Litigation
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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.
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Panasonic-OPPO settlement NOT FINALIZED: new UPC order shows Panasonic wanted FRAND injunction though OPPO sought stay
Context: Yesterday, the Unified Patent Court’s (UPC) Mannheim Local Division (LD) surprisingly entered an injunction in Panasonic v. OPPO (for a detailed analysis of the FRAND part of the decision, see this November 22, 2024 ip fray article), a standard-essential patent (SEP) case that had seemingly ceased to be (October 25, 2024 ip fray article).…
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UPC’s Hague LD finds plant-based microbial fuel cell patent infringed not literally, but by equivalence
The Unified Patent Court’s Hague Local Division has found an infringement of a plant-based microbial fuel cell patent not under a literal interpretation of the asserted claims, but by way of equivalence.