EPLAW PATENT BLOG

DE – Court of Justice – FRAND-Einwand II

Posted: May 27th, 2021

Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17 / FRAND Following the decision FRAND-Einwand of May 5, 2020, docket no. KZR 36/17, the German Federal Court of Justice had to deal with the dispute between Sisvel and Haier and decide on Haier’s FRAND defense for a second time. With its […]

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ES – VORWERK v. LIDL SUPERMERCADOS

Posted: May 17th, 2021

Commercial Court No. 5 of Barcelona, Spain, 19 January 2021, case number 1231/2019 In one of the most mediatic patent lawsuits of recent times in Spain, the Commercial Court no. 5 of Barcelona, in its Judgment of 19 January 2021, ordered the supermarket chain Lidl to cease all commercial exploitation in Spain of its “Monsieur […]

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UK – Kwikbolt v. Airbus / Applying the “inventive concept” to the doctrine of equivalents

Posted: April 20th, 2021

Further to the UK Supreme Court introducing a doctrine of equivalents into UK patent law in the summer of 2017 (see here), the UK courts are gradually coming to terms with the various approaches that have to be applied in deciding whether to apply the doctrine in the absence of “literal” infringement of a claim. […]

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UK – Facebook Ireland v. Voxer IP

Posted: April 20th, 2021

Facebook Ireland Limited v Voxer IP LLP The UK Supreme Court introduced a doctrine of equivalents into UK patent law in the summer of 2017 (see here). In this short judgment arising from a Pre-Trial Review (PTR), Lord Justice Birss provided guidance on how, and at what stage of proceedings, a party should plead a […]

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UK – Vestel v. Access Advance & Philips

Posted: April 20th, 2021

(1) Vestel Elektronik Sanayi Ve Ticaret A.S. (2) Vestel UK Limited v (1) Access Advance LLC (2) Koninklijke Philips N.V. , 26 March 2021, Court of Appeal, UK, Case No. A3/2020/0019 The UK Court of Appeal (“CofA”) dismissed an appeal by Vestel against the decision that the UK Court had no jurisdiction to hear Vestel’s […]

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IT – SISVEL and Brau v. TOSHIBA

Posted: March 23rd, 2021

On 14 April 2020, the Court of Appeal of Milan (‘CoA’) delivered its decision (n. 898/2020) in a patent case between S.I.SV.EL. SpA (‘Sisvel’ or the ‘Appellant’) and BRAU VERWALTUNGSGESELLSCHAFT mbH (‘Brau’ or the ‘Appellant’) against TOSHIBA EUROPE GmbH (‘Toshiba’) The patent at issue in this case is the Italian fraction of Brau’s patent n. […]

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NL – ASSIA V. KPN c.s. & NOKIA / APPEAL

Posted: March 18th, 2021

Adaptive Spectrum and Signal Alignment Incorporated v. Koninklijke KPN N.V., KPN B.V., Telfort Zakelijk B.V., XS4ALL Internet B.V. and Nokia Solutions and Networks Nederland B.V., 16 March 2021, Case No. 200.272.142/01 On 16 March 2021 the Dutch Court of Appeal of The Hague rendered an early decision in the appeal proceedings between ASSIA, KPN (and […]

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NL – Tomra v. Kiremko / Appeal

Posted: March 15th, 2021

Tomra Sorting Limited v. Kiremko B.V., Court of Appeal of The Hague (PI appeal case), 16 February 2021, Case no. ECLI:NL:GHDHA:2021:339 On 16 February 2021 the Dutch Court of Appeal of The Hague rendered a decision in the PI appeal proceedings between Tomra and Kiremko. The Appeal Court confirms the decision of PI judge Bus […]

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UK – Ilumina Cambridge Limited v Latvia MGI Tech SIA

Posted: February 16th, 2021

Ilumina Cambridge Limited v Latvia MGI Tech SIA and others, High Court of England and Wales, 20 January 2021, [2021] EWHC 57 (Pat) This was a substantial patent dispute which spanned 12 days in court and involved infringement and validity of 5 patents. The patentee, Illumina, held patents relating to DNA sequencing technology and MGI […]

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