EPLAW PATENT BLOG

DE – Nokia v. Daimler

Posted: October 5th, 2020

Nokia v. Daimler, District Court of Mannheim, dec. of August 18, 2020, case docket 2 O 34/19 On August 18, 2020, the District Court of Mannheim handed down the first judgment in the current litigation campaign of Nokia v. Daimler. Despite Daimler’s FRAND defense, the Court enjoined Daimler from using a certain technology in Daimler […]

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DE – Divisional Game

Posted: September 14th, 2020

The recent decision “Divisional Game” of the Munich District Court I, dated 24 February 2020 (docket no. 7 O 1456/20) is a landmark decision. This decision was handed down in ex-parte preliminary injunction proceedings and was based on an undue obstruction of competitors pursuant to German Unfair Competition Law. The bottom line of this decision […]

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DE – FRAND objection: German Federal Court of Justice applies ZTE v. Huawei

Posted: July 8th, 2020

FRAND objection: German Federal Court of Justice, judgment dated May 5, 2020 – docket no. KZR 36/17 By its recently published judgment dated May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice for the first time interpreted and applied the requirements that were defined by the ECJ in its “ZTE vs. […]

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NL – Sisvel v. Xiaomi / Appeal

Posted: April 15th, 2020

Sisvel v. Xiaomi, Court of Appeal of The Hague, The Netherlands, 17 March 2020, Case No. ECLI:NL:GHDHA:2020:711 Facts As a non-practicing entity, Sisvel International S.A. (“Sisvel”) focuses primarily on licensing out man-aged patents with third parties that exploit Sisvel’s patented technologies. Following the transfer by Nokia in 2012, Sisvel is the proprietor of (the Dutch […]

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DE – Obligations of SEP holders and SEP users

Posted: April 3rd, 2020

Obligations of SEP holders and SEP users, Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16 The decision rendered by the Higher Regional Court of Karlsruhe (“Higher Regional Court”) relates to the specification of various criteria regarding the enforcement of standard-essential patents laid down by the Court of Justice […]

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DE – New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court

Posted: April 3rd, 2020

New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court I With the notice on handling the defense of compulsory license under antitrust law according to Huawei v. ZTE within Munich proceedings in patent litigation, the German original and the English translation of which are attached hereto, the Regional Court […]

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CJEU on the assessment in terms of antitrust law of pay-for-delay agreements between the holder of pharmaceutical patents and the manufacturers of generic medicines – Generics (GB), GSK et al. vs. Competition and Markets Authority

Posted: March 26th, 2020

CJEU, judgment dated January 30, 2020 – Case C-307/18 According to the CJEU, pay-for-delay agreements between the holder of pharmaceutical patents and manufacturers of generic medicines have the object of restricting competition and, thus, violate Art. 101 TFEU if the assets transferred to the manufacturers of generic medicines do not have any explanation other than […]

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UK – IPCom v. Vodafone

Posted: February 18th, 2020

IPCOM GMBH & CO KG v VODAFONE GROUP PLC and others Over the past 13 years, IPCom has been asserting its portfolio of telecoms patents against various companies in the telecoms sector. In this recent decision in proceedings against Vodafone, IPCom has had its patent found valid, essential and infringed by aspects of Vodafone’s 4G […]

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FR – IPCom v. Lenovo

Posted: January 31st, 2020

IPCom GmbH & Co. KG v. Lenovo (France) SAS et al., Tribunal judiciaire de Paris (preliminary proceedings), 20 January 2020 The Tribunal judiciaire de Paris (Paris Court of First Instance) has dismissed IPCom’s preliminary injunction action brought against Lenovo, on the ground that the requested injunction would be disproportionate. The action was based on European […]

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