Category: Patent Litigation
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UPC appoints more judges for Munich (but not from Munich) and Mannheim — others get to spend more of their time on UPC
The Unified Patent Court’s selection of judges suggests a pro-Dusseldorf and anti-Munich bias. The reasons are unclear as of now.
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UPC’s Dusseldorf Local Division grants 10x Genomics preliminary injunction against Curio, clarifies legal standard in four contexts
Today the Dusseldorf Local Division of the Unified Patent Court issued a preliminary injunction in 10x Genomics’ favor against Curio Bioscience.
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Federal Circuit Judge Dyk on claim construction: apple on tree is not “secured” to ground through stem, trunk, roots
The assertion of a camera-related patent against a video conferencing company has raised an interesting claim construction question relating to the word “secured” (or “attached”).
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NPE sues Samsung over wireless patents co-developed by Ericsson and Toshiba; represented by Susman Godfrey
Litigation powerhouse Susman Godfrey represents a licensing firm named Four Batons Wireless that is asserting former Toshiba patents, co-developed with an Ericsson affiliate, against Samsung in the Eastern District of Texas.
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Austrian patent attorney firm litigates UPC infringement cases as lead counsel, not requiring attorneys-at-law
An Austrian patent attorney firm is increasingly representing clients as lead counsel in infringement (not merely revocation) actions before the Unified Patent Court.
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Judicial economy matters: after Federal Circuit order in Google case, Judge Albright denies Microsoft’s transfer motion
After the Federal Circuit affirmed his denial of a venue transfer motion by Google in case brought by the same plaintiff (Proxense), Judge Albright has now denied a Microsoft motion.
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GlaxoSmithKline sues Pfizer, BioNTech in District of Delaware over mRNA patents allegedly infringed by COVID vaccine
GlaxoSmithKline, one of the world’s largest pharmaceutical companies, is suing Pfizer and BioNTech in the District of Delaware, alleging that their COVID-19 vaccines infringe GSK’s mRNA patents.
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UPC Court of Appeal clarifies deadline for PI appeals, exercises discretion in appellant’s favor but may not do so next time
The deadline for an appeal of a preliminary injunction or denial thereof by the court of first instance of the UPC is 15 days, while it is two months for final decisions in main proceedings. The UPC Court of Appeal apparently expects practitioners to be aware of this going forward, period.
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Unprecedented patent claim limitation has UPC perplexed in new judiciary’s first-ever full patent infringement trial
Few judges have heard as many patent infringement actions as Judge Dr. Matthias Zigann, but in the first full UPC infringement trial in history, he encounered a puzzling claim limitation of a kind that even he had not seen before.
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Patent licensing firm’s lawsuits against Apple, Google in UPC, Munich make strange bedfellows among outside counsel
The fiercest rivalry in German patent litigation history results in an apparently unprecedented joint defense alliance.