Category: Patent Litigation
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Damages are owed if patent would be infringed in Germany and promotion leads to actual foreign sales and production: Federal Court of Justice
The Federal Court of Justice of Germany has vacated and remanded a zero-damages decision in a case in which a machine was installed in a foreign country, where the patent had not been renewed, but promoted in Germany.
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Next Munich SEP injunction looms large in Panasonic v. OPPO: court inclined to deem patent valid and essential
At yesterday’s Panasonic v. OPPO trial, the Munich I Regional Court’s 21st Civil Chamber stated a preliminary opinion according to which the patent is valid and infringed. An injunction looms large.
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Chinese courts will now set global FRAND rates for patent pools at implementers’ requests: Supreme People’s Court ruling
China’s Supreme People’s Court (SPC) has ruled in favor of implementer TCL and held that Chinese courts can set global FRAND rates for standard-essential patent pools (in this case, an Access Advance pool).
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UPC Dusseldorf LD lets pool administrator Access Advance intervene in Dolby v. HP SEP case: FRAND compliance of pool terms in dispute
The UPC’s Dusseldorf Local Division found that pool administrator Access Advance had a sufficient interest to intervene in a Dolby v. HP standard-essential patent case as the defendant had disputed that the pool’s terms were FRAND.
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Infineon may have to amend its gallium nitride patent complaint in California, but Innoscience jumped the gun
Innoscience’s motion to dismiss Infineon’s complaint has been denied without prejudice. The motion was brought before the case was assigned to a judge who is busy with a criminal trial.
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UPC roundup: Apple, Google lose bid to switch to English; translation to non-UPC language is party’s problem; serving complaint at trade show
This article aggregates three UPC orders that became discoverable yesterday and relate to patterns that are going to be found in various other UPC cases going forward.
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UPC’s standard for added subject matter remains unresolved after Hague LD decision: EPO ‘gold standard’ or lower hurdle?
The Unified Patent Court’s The Hague Local Division adjudicated a couple of preliminary injunction requests, granting one and denying the other. Interesting legal questions were discussed, but have yet to be resolved definitively.
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UPC announces eight new technically qualified judges, resignation of one: overview
The Unified Patent Court today announced the appointment of eight new technically qualified judges and the resignation of one.
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Redacted FRAND arguments cause delays in UPC SEP actions: Dusseldorf, like Mannheim, grants extension
Context: Earlier this month, the Unified Patent Court’s (UPC) Mannheim Local Division (LD) faced the dilemma that a redacted filing by the plaintiff raising arguments specific to standard-essential patent (SEP) licensing deprived the defendants of full access to a pleading, and in order to minimize the resulting delay, Presiding Judge Dr. Peter Tochtermann bifurcated the…
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UPC CoA order clarifies: arguments for stay are stricken if made only at interim conference; and reveals request for ECJ referral
A patent holder suing Nokia has defended its patent in the Federal Patent Court of Germany, believes to be close to affirmance of that decision by the Federal Court of Justice and now doesn’t want the UPC to rule on a revocation claim.