Category: Unified Patent Court
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UPC Roundup (1 week): preliminary injunction news, first antisuit attack, slew of new cases discovered
This is a summary of developments in and around the Unified Patent Court (UPC) since the previous weekly roundup (November 30, 2024 ip fray article). 1. UPC faces its first-ever antisuit injunction attack: Netgear motion in the Central District of California (link to detailed article) After deciding a standard-essential patent (SEP) case where no FRAND…
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UPC judge: low volume of art identified by EPO and parallel U.S. grant build confidence in validity of patent underlying ex parte PI request
Last month, the Unified Patent Court’s Milan Local Division granted an ex parte preliminary injunction against a Chinese maker of protective gear over a very recently-issued patent.
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First antisuit injunction attack on UPC: Netgear asks U.S. district court for ASI against or interim license from Huawei; fears AASI
In the United States District Court for the Central District of California, Netgear has filed a motoion for an antisuit injunction or, as a fallback, interim license against Huawei.
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Erich Spangenberg is back in the patent monetization business — and intrigued by the UPC opportunity
One of the most well-known patent monetizers considers the Unified Patent Court a tremendous opportunity for right holders.
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Unified Patent Court has become world’s most important forum for preliminary injunctions over patents: high growth, high win rate
The fastest-growing segment of Unified Patent Court actions is preliminary injunctive relief. And the win rate is high.
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UPC Roundup (1 week): appealability of single-judge orders, requests for judicial notice and other procedural questions
This week (since the previous roundup) has not been particularly eventful in the Unified Patent Court (UPC), but some decisions are worth reading and some developments worth watching. 1. Can a procedural order (here, security-related) be entirely unappealable? (link to LinkedIn post) The UPC’s Court of Appeal (CoA) has previously told appellants that certain orders…
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Chinese-Chinese dispute in UPC: Xiaomi gets sued over former ZTE patent by Texas-based non-practicing entity
A UPC lawsuit against Xiaomi by a non-practicing entity from Texas asserting a former ZTE patent has become discoverable.
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UPC’s CD (Paris) revokes vaporizer patent; clarifies standard for new arguments, patent application as indicator of common general knowledge
Context: Recently, one recurring theme in Unified Patent Court (UPC) litigation has been the admissibility of arguments raised for the first time at a late stage of proceeding. The Court of Appeal (CoA) allowed Meril to invoke a different statute on appeal when seeking a stay (November 24, 2024 ip fray article) and left it…
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Right-sizing judicial FRAND determinations: one patent at a time? one country? worldwide? or even pools?
Courts can set FRAND rates, and they can form on opinion on whether a given party’s conduct was FRAND, but there are (and must be) important limitations. Litigation isn’t negotiation.
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Call for input from UPC litigation firms: in how many venues have you physically practiced?
Please share this with your firm’s marketing director. Last week, ip fray became aware of an interesting fact: one firm (and not necessarily one of the first ones that would come to mind) has already appeared — physically — in almost every Unified Patent Court (UPC) venue. That is interesting, and ip fray loves venue…