Category: Unified Patent Court
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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…
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UPC Roundup (1 week): FRAND, equivalence and various other questions addressed
This is a summary of developments in the Unified Patent Court (UPC) in a rather eventful week since the last UPC Roundup (November 16, 2024 ip fray article). A couple of smaller items included herein were not previously discussed in an ip fray article or LinkedIn post. 1. Key appellate clarifications 1.1 New arguments on…
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UPC’s Court of Appeal clarifies two key questions: new legal arguments on appeal; stay of proceedings over upcoming appealable EPO decision
A single decision by the UPC’s Court of Appeal provides guidance on two questions: new legal arguments are admissible on appeal, and the appeability of an EPO opposition decision does not preclude a stay.
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UPC panels still disagree on whether claim amendments are admissible in PI proceedings: Milan LD throws out auxiliary requests, unconditional amendment
A fundamental and consequential question of law on which there is still uncertainty at the UPC has come up several times: can patent claims be amended in a PI proceeding?
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Panasonic-OPPO settlement NOT FINALIZED: new UPC order shows Panasonic wanted FRAND injunction though OPPO sought stay
Context: Yesterday, the Unified Patent Court’s (UPC) Mannheim Local Division (LD) surprisingly entered an injunction in Panasonic v. OPPO (for a detailed analysis of the FRAND part of the decision, see this November 22, 2024 ip fray article), a standard-essential patent (SEP) case that had seemingly ceased to be (October 25, 2024 ip fray article).…
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UPC’s Hague LD finds plant-based microbial fuel cell patent infringed not literally, but by equivalence
The Unified Patent Court’s Hague Local Division has found an infringement of a plant-based microbial fuel cell patent not under a literal interpretation of the asserted claims, but by way of equivalence.
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Despite settlement, Mannheim LD grants first-ever UPC FRAND injunction in Panasonic v. OPPO, disagrees with European Commission
The Unified Patent Court’s Mannheim Local Division has decided a Panasonic v. OPPO SEP case despite the fact that the dispute has actually been settled. The judgment raises various questions.