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UK – Optis Cellular v. Apple Retail

Optis Cellular v Apple Retail [2021] EWHC 2564 (Pat) In a lengthy and complex decision reaching over 80 pages, Mr Justice Meade has given judgment in the latest in a series of trials in the UK’s Patents Court between the claimants (“Optis”) and defendants (“Apple”) concerning Optis’ standard essential patents (SEPs) and the FRAND obligations […]

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NL – Sisvel v. Wiko

Sisvel International S.A. v. Shenzhen Tinno Mobile Technology Corporation, Wiko SAS et al., interlocutory judgment District Court of The Hague, 21 April 2021, Case No. ECLI:NL:RBDHA:2021:8955 Sisvel holds EP 2 139 272, relating to a ‘Method and system for attaching a mobile equipment to a wireless communication network’. Sisvel reported EP 272 as essential patent […]

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IT – Teva v. Sicor / Bolar exemption

Introduction With Decision No. 1785 of 8 June 2021, the Court of Appeal of Milan upheld Court of Milan Decision No. 8273 of 24 July 2018 finding Teva Pharmaceutical Industries Ltd. (“Teva”) and its Italian affiliate Sicor Società Italiana Corticosteroidi S.r.l (“Sicor”) liable for patent infringement. The appeal court ruled that the Bolar exemption under […]

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IT – Cappellotto v. Farid / Reasonable Royalties / Supreme Court

Introduction With Decision No. 5666 of 2 March 2021, the Italian Supreme Court clarified how to apply the reasonable royalty and the gross operating margin (incremental) criteria to calculate damages in patent infringement proceedings under Art. 125 of the Italian Intellectual Property Code (“IPC”), which implements Art. 13 of the Enforcement Directive (Directive 2004/48/EC). Summary […]

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