Category: Patent Litigation
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UPC Roundup: two new appellate decisions, important question for infringement standard, new cases, upcoming hearings
This article merely summarizes and links to several recent LinkedIn posts by ip fray, so as to provide a convenient overview for readers of the website and email subscribers. 1. Two new decisions by the Court of Appeal (Friday and Sunday) (link to LinkedIn post) 2. Important question for infringement standard: what if the solution…
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Gallium nitride patent wars: ITC judge believes Innoscience infringes one of four patents originally asserted by EPC, but PTAB IPR is pending
Administrative Law Judge Clark Cheney has identified a patent infringement by Innoscience. Efficient Power Conversion prevailed on one of the four patents it originally asserted.
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Apple, litigation funder Omni Bridgeway embroiled in U.S. discovery dispute: fishing expedition concerns patent valuation, other analysis
Apple has been defending against a patent dispute by non-practicing entity MPH in California since 2018 and is now seeking discovery of its financial backer Omni Bridgeway through a motion in Delaware.
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EU SEP Regulation’s market power flaw exposed by Qi lawsuits in UPC, Germany: Commission and Parliament got it wrong
The dispute between Philips and Belkin over Qi (wireless charging) patents illustrates one of the fundamental flaws of the proposed EU SEP Regulation: the failure to consider market power.
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UPC’s Dusseldorf LD terminates Abbott v. SiBio proceedings based on settlement that largely amounts to surrender
For today, a preliminary injunction hearing was scheduled in Abbott v. SiBio before the Unified Patent Court’s Dusseldorf Local Division. The court has now entered an order terminating the proceedings based on a settlement that amounts to a covenant by the defendant not to practice the patented technique in Germany, France and the Netherlands.
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UPC Paris CD: amended claims proposed as part of statement of defense to revocation claim accepted despite workflow violation (for now)
The UPC’s Paris CD maintains, for now, a permissive standard for workflow violations. In this case, amended claims were proposed along with the statement of defense to a revocation claim.
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$847 million patent verdict against Verizon; Ericsson on extended receiving end of $583M part, fighting patent at PTAB jointly with Nokia
Context: Hardly a month passes without a non-practicing entity (NPE) obtaining a patent damages verdict in the hundreds of millions of dollars in U.S. district court (May 11, 2024 ip fray article). What’s new: On Friday (June 28, 2024), a jury in the Eastern District of Texas awarded NPE General Access Solutions $847 million over…
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Samsung began Galaxy Ring mass production on June 6, will launch in U.S. in early August: court filing
Samsung’s latest court filing in a dispute with smart-ring maker Oura states the exact date on which Samsung began manufacturing the Galaxy Ring and indicates a U.S. launch in early August.
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UPC Hamburg LD deems three-month delay too much for preliminary injunction request: Ballinno v. Kinexion & UEFA
Based on current case law, Preliminary injunction requests in the Unified Patent Court’s German Local Divisions should be brought as soon as possible, and not more than two months after identifying an infringement.
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UPC may deem OPPO’s FRAND counterclaim against Panasonic inadmissible; order also discusses timeliness of claim construction arguments and amended claims
A new order by the UPC’s Mannheim Local Division discusses a FRAND rate-setting counterclaim by OPPO, the window for proposing amendments to the patent-in-suit and the requirement to make claim construction arguments early.