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UPC Roundup (1 week): first proactive FRAND determination request by SEP holder; CoA overturns PI over claim construction; Hamburg LD grants new injunction
Read more: UPC Roundup (1 week): first proactive FRAND determination request by SEP holder; CoA overturns PI over claim construction; Hamburg LD grants new injunctionThis is a summary of developments in and around the Unified Patent Court (UPC) in the week since our November 2, 2025 UPC Roundup.
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Federal Circuit tells petitioners that IPR denials are unreviewable regardless of reliance on agency guidance in place at time of filing
Read more: Federal Circuit tells petitioners that IPR denials are unreviewable regardless of reliance on agency guidance in place at time of filingA precedential decision reinforces the unreviewability of the USPTO Director’s decisions to deny (or vacate a decision to institute) inter partes reviews.
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‘With great power comes great danger’: patent professionals warn against misuse of AI
Read more: ‘With great power comes great danger’: patent professionals warn against misuse of AISeveral panelists at the 12th Annual IP Dealmakers U.S. shared their concerns about the use of AI in every step of the patent lifecycle, warning that hallucinations, data poisoning, and the lack of human factor are “real” problems.
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‘Striking’ and ‘extremely rare’: Japanese patent community reacts to USPTO Director Squires Nintendo patent reexamination order
Read more: ‘Striking’ and ‘extremely rare’: Japanese patent community reacts to USPTO Director Squires Nintendo patent reexamination orderSources in the Japanese patent community tell ip fray that a USPTO reexamination order over a Nintendo patent signals heightened attention of claims that may overreach into broad gameplay mechanics – although the order will have no impact on Nintendo’s ongoing patent infringement litigation against Pocketpair in Japan.
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Judge appears unconvinced of Samsung’s U.S. FRAND/antitrust complaint against ZTE; Samsung’s counsel hopes for leave to amend
Read more: Judge appears unconvinced of Samsung’s U.S. FRAND/antitrust complaint against ZTE; Samsung’s counsel hopes for leave to amendSamsung is pursuing FRAND claims in multiple jurisdictions around the globe, one of which is the U.S., where its complaint is at a high risk of dismissal.
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UPC CoA: translation of specification presumed accurate if it formed basis of EPO examination; court can decide added matter even without written argument
Read more: UPC CoA: translation of specification presumed accurate if it formed basis of EPO examination; court can decide added matter even without written argumentThe UPC’s CoA affirmed the Dusseldorf LD’s finding of invalidity over added matter.
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UK Supreme Court will hear Apple’s appeal of Optis’s $700M win with cast of characters familiar from Unwired: roller coaster ride?
Read more: UK Supreme Court will hear Apple’s appeal of Optis’s $700M win with cast of characters familiar from Unwired: roller coaster ride?Three of the questions for review relate to how UK courts can arrive at a FRAND rate, and one to the implications for parallel cases in foreign jurisdictions.
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Boehringer wins PI against Dr. Reddy’s that blocks generic empagliflozin (Jardiance) sales in UK pending October 2026 trial: patent thickets work
Read more: Boehringer wins PI against Dr. Reddy’s that blocks generic empagliflozin (Jardiance) sales in UK pending October 2026 trial: patent thickets workIn some jurisdictions it pays off for Boehringer Ingelheim to have created a patent thicket around empaglifozin (Jardiance) involving use and formulation patents.


