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Germany Standard Essential Patents

Mintz - Intellectual Property Viewpoints

In With the New? Not So Fast: The UPC’s First SEP Ruling Aligns With German Precedent

To date, the Unified Patent Court (UPC) has not held a trial involving standard-essential patents (SEPs). However, the new forum’s Mannheim Local Division has now authored its first SEP-specific order in a case between...more

McDermott Will & Emery

2022 IP Outlook Report: The Developments Shaping European IP Law

While European intellectual property (IP) regimes have slowly digested the Brexit shock, brand owners are vacillating between optimism and apprehension in 2022 as they navigate continuous developments in IP law. At the...more

MoFo Tech

Recent Developments Regarding Patent Injunctions In Germany

MoFo Tech on

The German patent system has repeatedly proven to provide reliable and effective means to enforce patent rights against infringers. There are three key reasons why the German patent system is so attractive for patentees when...more

Orrick, Herrington & Sutcliffe LLP

German Parliament Adopts Patent Act Amendment

One of the most hotly debated topics in the German patent community in recent years has been if, and to what extent, the legislature should limit the availability of injunctive relief. To date, it has been the invariable...more

MoFo Tech

Huawei v. ZTE Revisited – German Automotive Patent Wars To Reshape Sep Litigation In Europe

MoFo Tech on

On November 26, the Dusseldorf Regional Court handed down a long awaited decision in the so-called automotive patent wars (case ID 4c O 17/19). The court referred heatedly debated questions in connection with the enforcement...more

Morgan Lewis

Cellular Sep Owners Score Two Victories In Europe

Morgan Lewis on

In the span of two weeks in August, two different owners of allegedly standard essential patent (SEP) portfolios—asserted against the implementation of cellular standards including 4G/LTE—won cases in Germany and in the...more

Mintz - Intellectual Property Viewpoints

THE SEP WORLD IN BALANCE: UK Harmonizes with Germany’s Rejection of Implementer Hold Out

Implementer Hold Out - Another major development in global standard essential patent litigation was handed down today, as the UK Supreme Court upheld lower court rulings that forced an efficient infringer of essential...more

Mintz - Intellectual Property Viewpoints

IT TAKES TWO TO TANGO: The German Federal Supreme Court Acknowledges That Infringer Hold-Out is a Real Problem

Germany’s highest court has clearly and emphatically placed SEP implementers on notice that hold-out will not be tolerated, and that implementers must proactively share the burden and obligation to timely achieve a FRAND...more

McDermott Will & Emery

Landmark Judgment for German FRAND Law Published: Sisvel v. Haier

McDermott Will & Emery on

The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May...more

McDermott Will & Emery

German Competition Authority Files Amicus Brief in SEP Litigation

In 2019, Nokia filed a series of patent infringement complaints against Daimler before several German courts. Nokia alleged that connected cars made by Daimler infringed Nokia’s patents. Nokia considered the relevant patents...more

McDermott Will & Emery

Landmark Decision in German FRAND Case

McDermott Will & Emery on

On May 5, 2020, an oral hearing in Germany’s most recent landmark case on standard-essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing (Sisvel v. Haier, docket no. KZR 36/17) took place...more

Mintz - Intellectual Property Viewpoints

Key Considerations for Global SEP Litigation - Part 2

The adoption of multiple, standardized technologies looms on the horizon. This presents the challenge of balancing innovator’s intellectual property rights with implementer’s desire for fair access to technology. As more...more

McDermott Will & Emery

German Court Issues First-Ever Anti-Suit Injunction

On 11 July 2019, the Munich I District Court (Landgericht) issued an anti-suit injunction in patent litigation, preventing an automotive company from further pursuing proceedings in the United States. The Munich decision...more

Hogan Lovells

Standard Essential Patent Update – May 2019

Hogan Lovells on

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...more

Hogan Lovells

IPunkt | IP auf den Punkt gebracht - Januar 2019

Hogan Lovells on

MARKENRECHTSMODERNISIERUNGSGESETZ (MaMoG) ZUR UMSETZUNG DER EU-MARKENRECHTSLINIE 2015/2436 TRITT IN KRAFT - Am 14. Januar 2019 trat die Novellierung des Markengesetzes durch das MaMoG in Kraft, mit der eine Reihe von...more

Hogan Lovells

Standard Essential Patent Update – December 2018

Hogan Lovells on

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, Germany, Japan, the United Kingdom, and the United States. ...more

Morrison & Foerster LLP

MoFo IP Newsletter - April 2016

The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher - It used to be that a complaint for patent infringement would survive a motion to...more

Morrison & Foerster LLP

First German Decisions Applying the ECJ’s Huawei v. ZTE Framework on Injunctions for Standard Essential Patents

Two recent German court decisions address requirements for obtaining injunctions based on standard essential patents (SEPs), applying the rules established by the European Court of Justice in its Huawei v. ZTE decision. The...more

Morrison & Foerster LLP

MoFo IP Newsletter - October 2015

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

McDermott Will & Emery

International News: Focus on Private Equity

Our Focus on Private Equity provides a global perspective on some of the challenges being faced by PE firms and how these can be successfully addressed. It also examines some of the many opportunities available, e.g., by...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

Kelley Drye & Warren LLP

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

Morrison & Foerster LLP

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more

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