Category: Patents
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Pool rate-setting by courts: various questions left to be resolved in China after SPC ruling while Tesla appeals dismissal in UK
The recent decision by the Supreme People’s Court of China in tCL v. Access Advance on pool rate-setting is narrower than it appeared at first sight. Chinese courts tend to evaluate FRAND questions multifactorially.
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UPC’s Munich LD grants PI in barcode scanner case, clarifies direct infringement standard, absolute vs. relative prohibition, urgency
The UPC’s Munich Local Division has granted a preliminary injunction in a case involving a software development kit used for barcode scanning, and has spoken out on several important legal questions in that decision.
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Philips settles multi-year SEP dispute with Thales/Telit: CalAmp, Laird, Xirgo not off the hook with respect to Quectel modules
After almost four years, the SEP dispute between Philips and Thales, which sold the relevant business unit to Telit along the way, was settled this week.
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New Huawei v. Netgear filings discovered in Munich and UPC interim conference to take place next week: WiFi 6 SEPs
Huawei has concluded many WiFi 6 licenses without litigation, and has recently settled disputes with Amazon and German router maker AVM. Netgear is facing six WiFi 6 SEP assertions in the UPC and German national courts.
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Munich appeals court raises enforcement security amount from €4 to €26 million in WiFi 6 SEP case: Atlas Global v. TP-Link
Context: The Munich I Regional Court’s Seventh Civil Chamber, the best-known patent infringement panel there, has recently taken a highly skeptical approach to the security amounts requested by defendants in the event of a provisional (i.e., while an appeal is pending) enforcement of an injunction. One noteworthy case in which a rather low amount of…
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Two FRAND firsts for the UPC: first SEP settlement (Nokia-Verifone), first FRAND appellate hearing (OPPO-Panasonic)
Virtually simultaneously, the Unified Patent Court has seen its first SEP dispute settled and its Court of Appeal has heard the first FRAND-specific appeal.
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Ericsson wins Brazilian SEP appeal against Lenovo: preliminary injunction upheld
In the global dispute with Lenovo over (mostly) 5G standard-essential patent licensing,. Ericsson has scored a key win as a Brazilian appeals court upheld a preliminary injunction.
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Lenovo wants Federal Circuit to make antisuit ruling that would expose U.S. to WTO complaint over interference with foreign IP
At today’s Federal Circuit hearing, Lenovo advocated a highly permissive standard for U.S. antisuit injunctions concerning foreign SEP enforcement.
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UPC tosses Lenovo’s SEP injunction bids against Ericsson: undue delay, “clear-cut case” — and it has to do with LatAm PIs
The Unified Patent Court’s Munich Local Division has denied parallel requests by Lenovo’s Motorola Mobility to amend its complaints against Ericsson for the purpose of pursuing injunctive relief.