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UPC’s Court of Appeal makes it easier to show that enforcement in given non-EU/EEA country is unduly burdensome
Read more: UPC’s Court of Appeal makes it easier to show that enforcement in given non-EU/EEA country is unduly burdensomeContext: Unified Patent Court (UPC) decisions on whether a defendant is entitled to collateral covering litigation expenses turn can be justified based on the plaintiff’s financial strength and/or potential enforcement difficulties. Some decisions by the Court of First Instance (CFI) reflected a limited degree of skepticism regarding the enforceability of fee-shifting orders in foreign jurisdictions,…
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Delhi High Court orders Korean defendant to deposit $43 million in patent infringement dispute
Read more: Delhi High Court orders Korean defendant to deposit $43 million in patent infringement disputeA $35 million security deposit comes on top of a $8 million deposit already ordered in the same dispute in 2019.
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Brain medtech firm Ceribell files ITC complaint against rival Natus Medical over seizure-detection tech patents
Read more: Brain medtech firm Ceribell files ITC complaint against rival Natus Medical over seizure-detection tech patentsThe Nasdaq-listed company has also sued its competitor in the District of Delaware, asserting six patents related to electroencephalography technologies used in seizure-detection devices.
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Federal judge’s preliminary assessment: Samsung’s U.S. case against ZTE over FRAND may very well be thrown out
Read more: Federal judge’s preliminary assessment: Samsung’s U.S. case against ZTE over FRAND may very well be thrown outContext: In an unprecedented brute-force play, Samsung is presently pursuing FRAND (fair, reasonable and non-discriminatory licensing) claims over ZTE’s standard-essential patents (SEPs) in (at minimum) four jurisdictions (June 20, 2025 ip fray article). The third venue where such a filing showed up is the United States District Court for the Northern District of California (March…
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Another UK decision on FRAND procedures, another opportunity missed to depart from judicial imperialism: MediaTek v. Huawei
Read more: Another UK decision on FRAND procedures, another opportunity missed to depart from judicial imperialism: MediaTek v. HuaweiContext: With decisions such as the recent interim-license declaration in Samsung v. ZTE (June 25, 2025 ip fray article; follow-up: June 27, 2025 ip fray article), UK FRAND (fair, reasonable and non-discriminatory licensing) case law has reached the point where any jurisdiction other than the UK is by definition inferior and untrustworthy. Contorted rationales are presented to…
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UK appeals court dismisses litigation funding agreement challenges by Sony, Apple, Visa, Mastercard: “victory for common sense”, say local funders
Read more: UK appeals court dismisses litigation funding agreement challenges by Sony, Apple, Visa, Mastercard: “victory for common sense”, say local fundersIn a landmark judgment widely welcomed by litigation funders the England & Wales Court of Appeal has ruled that litigation funding agreements are not a form of damages-based agreement, dismissing several challenges filed by Sony, Apple, Visa and Mastercard in UK class action claims.
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UPC Roundup (2 weeks): separate fees for appeals of revocation claims and of revocation counterclaims even if jointly decided; other clarifications, new cases
Read more: UPC Roundup (2 weeks): separate fees for appeals of revocation claims and of revocation counterclaims even if jointly decided; other clarifications, new casesThis is a summary of developments in and around the Unified Patent Court (UPC) in the week since our June 21, 2025 UPC Roundup. The first week after the previous roundup was slow because of a UPC-internal event we mention further below, which is why we exceptionally extended the roundup period. 1. CoA 1.1 CoA rejects…
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- TCL’s China Star transferred hundreds of patents to Texan PAE suing LG and Hisense
- USPTO Director goes against the grain, sides with inter partes review petitioner Tesla to reject discretionary denial request
- Mediation and Arbitration as Settlement Pathways in Chinese Patent Disputes
- UPC grants InterDigital 11-country injunction against Disney’s streaming services: FRAND defense failed in unusual way; €8M (not €500M) security
- OxFora’s 14th Intellectual Property and Competition Forum less than one week away (23, 24 June)