EPLAW PATENT BLOG

UK – Interdigital Technology v. Lenovo

Posted: August 14th, 2021

Interdigital Technology Corp and others v Lenovo Group Ltd and others [2021] EWHC 2152 (Pat) Background This judgment, handed down on 29 July 2021, concerned the validity and essentiality of EP (UK) 2 485 558 (“EP 558”). HHJ Hacon’s judgment is the first technical trial in a series of trials concerning five SEPs asserted by […]

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UK – A Ward Attachments v. Fabcon Engineering

Posted: August 11th, 2021

A Ward Attachments Limited v. Fabcon Engineering Limited, 29 July 2021, Case No. [2021] EWHC 2145 (IPEC) In this judgment HHJ Melissa Clarke, sitting as a Judge of the High Court considered validity and infringement arguments relating to two of Ward’s patents (a Parent and Divisional) for “freight container tilting apparatus”. The Parent patent was […]

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UK – Promptu Systems Corporation v. Sky UK

Posted: July 30th, 2021

Promptu Systems Corporation V Sky UK Limited and Others, 19 July 2021, Case No. [2021] EWHC 2021 (Pat) In this judgment, the English High Court held that Promptu’s patent, EP(UK) 1 290 889, lacked inventive step and therefore dismissed Promptu’s claim for infringement against the defendants (together, “Sky”). Background Promptu had asserted the patent against […]

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EPO – ENLARGED BOARD OF APPEAL ON THE RIGHT TO BE HEARD

Posted: July 27th, 2021

European Patent Office, Enlarged Board of Appeal, R 5/19 – Violation of the right to be heard, decision of March 15, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Filing a petition of review under Article 112a EPC is not a very promising exercise, considering that less than 7% of the petitions are successful with […]

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UK – Fiberweb v. Geofabrics

Posted: July 26th, 2021

Fiberweb v. Geofabrics, Court of Appeal, 11 June 2021, Case no. [2021] EWCA Civ 854 Background The UK Court of Appeal dismissed an appeal by Fiberweb against a finding of Mr David Stone (sitting as a Deputy High Court Judge) that Geofabric’s patent relating to trackbed liners for railways was valid and infringed. The patent […]

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UK – Optis Cellular Technology and others v. Apple

Posted: July 26th, 2021

Optis Cellular Technology LLC and others v Apple Retail UK Limited and others, High Court of England & Wales, 25 June 2021, London, [2021] EWHC 1739 (Pat) On 25 June 2021 Meade J handed down his decision in the second of a series of trials listed as part of the ongoing Optis v Apple UK […]

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UK – Mitsubishi Electric Corporation v. Oneplus Technology

Posted: July 22nd, 2021

Mitsubishi Electric Corporation and others v. Oneplus Technology (Shenzhen) Co Ltd and others, 26 April 2021, Case No. [2021] EWHC 1048 (Pat) In this judgment of the Patents Court, Mellor J dismissed the infringement claim of the Claimants in the first technical trial in these proceedings, holding that the declared standard essential patent in issue was […]

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DE – German parliament adopts government bill for a Second Act concerning the Simplification and Modernization of German Patent Law

Posted: July 20th, 2021

On June 10, 2021, the German parliament adopted the version of the government bill for a Second Act concerning the Simplification and Modernization of German Patent Law (parliamentary paper 19/25821) as amended by the Committee of Legal Affairs and Consumer Protection (parliamentary paper 19/30498; “Patent Law Modernization Act” below). The Patent Law Modernization Act expressly […]

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DE – Unreasonable counter-offer in FRAND negotiations

Posted: July 20th, 2021

Mannheim District Court, judgment dated March 2, 2021 – docket no. 2 O 131/19 With its judgment dated March 2, 2021, docket no. 2 O 131/19, the Mannheim District Court applies decisions “FRAND-Einwand” (judgment dated May 5, 2020, KZR 36/17, GRUR 2020, 961) and “FRAND-Einwand II” (judgment dated November 26, 2020, KZR 35/17, GRUR 2021, […]

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EPO – ENLARGED BOARD OF APPEAL ALLOWS VIDEOCONFERENCES WITHOUT CONSENT OF THE PARTIES IN THE PANDEMIC SITUATION

Posted: July 16th, 2021

European Patent Office, Enlarged Board of Appeal, Order in case G 1/21 published on July 16, 2021 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In a Press Communiqué of July 16, 2021 the Enlarged Board of Appeal published the order in case G 1/21, i.e. the answer to the question referred in T 1807/15. It […]

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