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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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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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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EU – Antitrust: Commission opens formal investigation into possible anticompetitive conduct of Teva in relation to Copaxone

Posted: March 5th, 2021

From the press release: “The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed the market entry and uptake of medicines that compete with its blockbuster multiple sclerosis drug Copaxone. The Commission will investigate whether Teva has abused a dominant market position in breach of EU […]

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UK – OnePlus v. Mitsubishi

Posted: December 24th, 2020

Oneplus Technology (Shenzhen) Co Ltd and others v Mitsubishi Electric Corporation and another [2020] EWCA Civ 1562 (19 November 2020) In this judgment of the Court of Appeal (Floyd LJ giving the main judgment, and Males LJ giving a short second judgment in agreement) upheld the decision of the first instance judge, Sir Alastair Norris, […]

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UK – Conversant v Huawei / Appeal / Added matter

Posted: October 20th, 2020

Conversant v. Huawei – UK Court of Appeal finds patent invalid for added matter This was an appeal from a decision of one of the two technical trials in the FRAND dispute between Conversant and Huawei playing out in the Courts of the UK, Germany and China. The patent in suit was European Patent (UK) […]

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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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