Category: Standard-Essential Patents
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China withdrew antisuit policy ‘to the extent that it ever existed’ during first WTO dispute with EU, whose monitoring continues
The Supreme People’s Court of China withdrew its “anti-suit policy” (to the extent it ever existed) during the WTO-level dispute resolution proceedings with the EU. It is unclear what this practically means.
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Netflix gains momentum in DivX global streaming dispute as U.S. court clears it of $400M+ in damages
In a long-running streaming patent dispute against Netflix, where DivX has gained significant ground in Brazil, the case has now reached a turning point. After a Federal Circuit decision invalidated several of DivX’s asserted patents, a U.S. jury has now found that the company did not infringe four of those patents-in-suit.
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InterDigital wins Brazilian PI against Transsion over two 5G SEPs: court-appointed expert report confirmed essentiality, FRAND compliance of offer
Merits-based Brazilian preliminary injunctions such as this one are based on an expert report, upping the ante for defendants trying to get them lifted.
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Sisvel announces new 2G-5G SEP pool for point-of-sale terminals with Huawei, Nokia, LG as founding licensors: another IoT category
The three founding licensors hold many cellular SEPs. Nokia had already made significant headway with bilateral licensing in this vertical.
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Brazilian court lets Acer FRAND case proceed against Nokia, orders expert-led licensing review
Judge Gustavo Cesar Mazutti of the 2nd Business and Arbitration Court in São Paulo issued a combined decision denying Nokia’s motion to dismiss and setting out the procedural framework for the case going forward.
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Interview with Presiding Judge Dr. Oliver Schoen (Munich I Regional Court) on FRAND disclosure proceedings without infringement litigation, PIs, and more
Practitioners take note: at last week’s Nokia v. Acer & ASUS trial, Presiding Judge Dr. Schoen mentioned a new procedure for FRAND (fair, reasonable and non-discriminatory licensing) disclosures. We were curious to dive deeper into this and had other questions as well.
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ASUS affiliate Innovative Sonic wins 5G SEP injunction against OPPO and OnePlus in Munich
Two weeks after OPPO prevailed for the first time on a 5G patent assertion against ASUS, the latter’s affiliate Innovative Sonic strikes back with a 5G injunction.
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ZTE makes standard-essential patent HISTORY as first-ever defendant to prevail on FRAND defense in Munich (against Samsung)
This is even more historic than ZTE’s appellate victory (also over Samsung) in the UK regarding an interim-license declaration.
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UPC Mannheim LD agrees with UK judge on Amazon’s declaration being “nonsense” but refrains from imposing sanctions at this point: comity
Amazon is not being fined for now. But it is not off the hook. Today’s order involves a clear contempt-of-court holding.