Category: Patent Litigation
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On issues with annexes to UPC complaints, Munich LD faithfully applies appellate case law from Sanofi v. Amgen in NEC v. TCL
In NEC v. TCL, the Unified Patent Court’s Munich Local Division denied a motion to shorten time to respond to the complaint because the plaintiff had initially failed to submit material required to prepare a defense.
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More than 95% of Netlist’s $445 million jury verdict against Micron is based on patent claim invalidated by PTAB
Netlist obtained a $445 million damages award from a Texas jury yesterday, but he bulk of it ($425 million) is based on a patent claim the PTAB recently invalidated.
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Latest Munich SEP injunction shows failure of 2021 patent “reform”: Federal Patent Court of Germany didn’t keep six-month target
The six-month target for Germany’s Federal Patent Court to provide preliminary opinions on nullity actions was not kept in the Atlas Global v. TP-Link case in which the Munich court entered an injunction this month.
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Lenovo loses UK preliminary injunction bid against Ericsson
Mrs Justice Bacon of the High Court of Justice for England & Wales declined to grant Lenovo antisuit relief against Ericsson’s Brazilian and Colombian preliminary injunctions “by the backdoor.”
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In UK proceedings, Lenovo incredibly claims it’s entitled to higher patent royalties from Ericsson than the other way round
As an indirect by-product of today’s Lenovo v. Ericsson preliminary injunction hearing in London, it became known that Lenovo now claims that it will be the net licensor when all is said and done.
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New SEP injunction, new standard for security amount: German case law exacerbates as if judges were begging for political intervention
The standard-essential patent enforcement situation in Germany becomes ever less sustainable as injunction after injunction comes down and defendants’ rights are severely compromised.
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UPC’s Paris LD orders licensing firm to give security, doesn’t accept insurance and requires EU (not U.S.) bank guarantee
Another Unified Patent Court decision on the need to provide security for litigation expenses came down today.
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Federal Circuit denies fee-shifting with respect to PTAB IPR despite infringement case being exceptionally weak
Two Federal Circuit judges decided (but a district judge sitting by designation disagreed) that challenging a patent-in-suit in the PTAB, even if the IPR petition is brought after an infringement complaint, cannot give rise to fee-shifting.
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Only two FRAND defenses have succeeded in Germany in 70 months, and only one in 47 months — but agenda-driven paper falsely lists two more
A so-called “empirical analysis” of German SEP case law is not only misguided in some fundamental respects that distort the picture, but also falsely counts successful FRAND defenses that weren’t.