Category: Patents
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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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$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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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.
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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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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…