EPLAW PATENT BLOG

UK – COURT OF APPEAL RULES THAT RAND TRIAL SHOULD NOT GO AHEAD AFTER IMPLEMENTER WAIVES RIGHT TO ENFORCE SEP HOLDER’S OBLIGATION TO OFFER LICENCE ON RAND TERMS

Posted: July 31st, 2019

TQ Delta, LLC v ZyXEL Communications UK Ltd & others [2019] EWCA Civ 1277 The Court of Appeal has ruled that a non-technical RAND trial to determine what licence terms are reasonable and non-discriminatory (RAND) with regard to a portfolio of standard essential DSL technology patents should not go ahead. This overturned a High Court […]

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UK – Conversant v. Huawei & ZTE / FRAND

Posted: July 9th, 2019

Conversant v Huawei & ZTE [2019] EWHC 1687 (Pat) UK Court considers essentiality and validity of patent in FRAND dispute. Background This judgment represents one of the technical trials in the dispute between Conversant (Claimant) and Huawei and ZTE (together the Defendants). The wider case relates to an ongoing dispute regarding what is a FRAND […]

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NL – Philips v. Wiko / FRAND / Appeal

Posted: July 5th, 2019

Koninklijke Philips N.V. v. Wiko SAS, Court of Appeal The Hague, The Netherlands, 2 juli 2019, Case no. 200.219.487/01 In an interim ruling the Court of Appeal earlier ruled that the claims according to the second auxiliary request are deemed to be valid and infringed by Wiko (see here). Wiko’s FRAND defence is the topic […]

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UK – UK HIGH COURT SETS TRIAL DATE FOR RAND TRIAL BEFORE JUDGMENT ON TECHNICAL TRIALS HANDED DOWN

Posted: June 26th, 2019

TQ Delta, LLC v Zyxel Communications UK Ltd & others [2019] EWHC 353 (Pat) This is a judgment in a preliminary dispute concerned the setting of a trial date for the determination of RAND licence terms in a case where the technical trial of the two telecommunications patents had already been heard by the court, […]

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NL – Philips v. Asus / Appeal / FRAND

Posted: May 9th, 2019

Koninklijke Philips N.V. v. Asustek Computers Inc., Asus Europe B.V. and Asus Holland B.V., Court of Appeal The Hague, The Netherlands, 7 May 2019, Case No. 200.221.250/01 Philips successfully appeals an earlier judgment regarding Philips’ Standard Essential European Patent EP 1 623 511 for a ‘Communication System’ (‘EP ‘511’). A copy of the earlier judgment […]

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UK – Huawei & ZTE v Conversant Wireless Licensing

Posted: February 6th, 2019

(1) Huawei Technologies Co., Ltd (2) Huawei Technologies (UK) Co., Ltd (3) ZTE Corporation & (4) ZTE (UK) Limited v Conversant Wireless Licensing S.A.R.L. (30 January 2019, Court of Appeal, UK, Case Nos. A3/2018/1274 and A3/2018/1278) The UK Court of Appeal (“CA”) dismissed an appeal by Huawei and ZTE’s Chinese and UK companies against the […]

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EU – General Court partially annuls EC’s decision on restrictive agreements and abuse of dominant positionon the market for perindopril

Posted: December 13th, 2018

Judgments in Cases T-677/14 Biogaran v. Commission, T-679/14 Teva UK and Others v. Commission, T680/14 Lupin v. Commission, T-682/14 Mylan Laboratories and Mylan v. Commission, T-684/14 Krka v. Commission, T-701/14 Niche Generics v. Commission, T-705/14 Unichem Laboratories v. Commission, T-691/14 Servier and Others v. Commission, General Court of the European Union, Luxembourg, 12 December 2018 […]

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UK – Unwired Planet International Ltd v. Huawei

Posted: November 1st, 2018

Unwired Planet International Ltd v Huawei Technologies Co Ltd, Court of Appeal, London, UK [2018] EWCA Civ 2344 On 23 October 2018, the Court of Appeal handed down its judgment in Unwired Planet v Huawei on FRAND licensing of standard-essential patents (‘SEPs’). The Court of Appeal dismissed all three grounds of Huawei’s appeal and upheld […]

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NL – Nikon v. ASML / Case No. 1

Posted: July 23rd, 2018

Nikon Corporation v. ASML Holding N.V., ASML Netherlands B.V. and ASML Systems B.V., District Court of The Hague, 18 July 2018, Case No. ECLI:NL:RBDHA:2018:8777 This is case no. 1 of 11 patent cases between Nikon and ASML. Lithography machines are used in the production of chips. Nikon holds EP 1 652 003 (‘EP 003) relating […]

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