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Unitary effect and urgency: the Unified Patent Court's Brussels LD denied a preliminary injunction because the patentee waited 2.5 months after the grant of the patent-in-suit, and rejected the attempted justification that the patentee first awaited the registration of unitary effect. In Barco v. Yealink, the Brussels LD also rejected a jurisdictional objection. It was sufficient for the patentee to show that infringing acts (by placing an order from Belgium and receiving delivery there) occurred in the relevant country. The Brussels Regulation does not apply for the question of which UPC divisions have jurisdiction, and the order even says explicitly that yes, that may enable forum-shopping, but so be it. Panel: Presiding Judge (and here, judge-rapporteur) Sam Granata, Judge Petri Rinkinen (Helsinki, Finland), Judge Mélanie Bessaud (Paris, France) and Technically Qualified Judge Steven Richard Kitchen. Counsel for Barco: Taylor Wessing's Christian Dekoninck, Dr. Wim Maas and Laura Coucke. Counsel for Yealink: Hogan Lovells's Ruud van der Velden. https://lnkd.in/dxcNxDfZ

The Unified Patent Court's Paris Local Division has made a sharp post-BSH Hausger?te AG ruling and allows a case to go forward in which the plaintiff (IMC Créations) is asserting a patent (EP4153830) not only with respect to UPCland (where the patent has unitary effect) but also the UK, Switzerland and Spain. The defendants (two Mul-T-Lock entities: one in France, one in Switzerland) raised a preliminary objection, but the panel rejected it: in light of BSH v. Electrolux Group, and considering that the UPC is a national court for the purposes of EU law, it has jurisdiction with respect to the non-UPCland parts of the patent-in-suit as one of the two defendants is based in France (also called an "anchor defendant"). Panel: Presiding Judge Camille Lignières, Judge-rapporteur Carine Gillet and Judge Rute Lopes (Lisbon, Portugal). Counsel for patentee IMC: Renaud Gaglione (potentially a solo practitioner). Counsel for defendant Mul-T-Lock: Hogan Lovells's?Stanislas Roux-Vaillard. https://lnkd.in/digSfADG

The Unified Patent Court dispute between Hand Held Products and Scandit has been settled. A Munich case and a Dusseldorf one have been withdrawn these days. Counsel for Hand Held Products: BARDEHLE PAGENBERG's Dr. Tobias Wuttke. Counsel for Scandit: Quinn Emanuel's Dr. Johannes Bukow.

We have repeatedly received reports that Verizon blocks our website. Readers who have no problem reading ip fray on the same device with WiFi experience issues with Verizon, at least in parts of the United States. If you are a Verizon customer and experience that problem, please reach out to their customer service and complain. If you test it on the same device but with a different connection (WiFi being the simplest choice), then they have no excuse.

Unified Patent Court injunction in 10x Genomics v. NanoString Technologies, Inc. could be reinstated as European Patent Office Opposition Division upholds patent in ‘slightly amended form’ It was one of the first PIs at the UPC back in September 2023. It got lifted by the CoA the following year, citing doubts about the validity of the patent-in-suit. Now the patent has survived the opposition proceeding, and the main proceedings will be unstayed, so the injunction could come back with a vengeance in the form of a permanent injunction. But presumably NanoString will argue that the amended patent is no longer infringed, and that it believes it can win the appeal to an EPO BoA. Counsel for 10x: BARDEHLE PAGENBERG's Prof. Dr. Tilman Müller-Stoy,?Dr. Axel B. Berger,?Dr. Kerstin Galler,?Dr. Markus Ackermann?and?Dr. Tobias Wuttke. Lead counsel for NanoString: Bird & Bird's Oliver Jan Juengst ("Jüngst" in German) and patent attorney Dr. Daniela Kinkeldey. https://lnkd.in/gB2UUfBA

Donald Trump Jr.. invests in famous #patent monetizer Erich Spangenberg’s new company SIM IP, by extension becomes Unified Patent Court user: IPO filing SIM IP is going public on NASDAQ. Erich Spangenberg is a patent monetization legend who needs no introduction in this ecosystem. Obviously, President Trump's policies are independent of his family's investments. What we are talking about is one of the most famous names in the world betting money on IP. The IP community will welcome that fact just like the nominations of Secretary of Commerce Howard W. Lutnick (a named inventor on hundreds of patents who built a major IP business at Cantor Fitzgerald) and soon-to-to-be USPTO Director John A Squires, who helped built Fortress Investment Group's IP fund. https://lnkd.in/gffu_vMw

Munich appeals court lays out security-centric #FRAND framework in VoiceAge EVS v. HMD as previously indicated; ignores input from European Commission, referral to ECJ still possible The regional appeals court throws out HMD's complaint, which doesn't make a difference for the purposes of that dispute, which is unlikely to settle anyway. It granted leave for a further appeal to the Bundesgerichtshof (Federal Court of Justice), from where the matter will probably be referred to the European Court of Justice. Munich Higher Regional Court, 6th Civil Senate. Presiding Judge: Lars Meinhardt. Lead counsel for VoiceAge EVS: Wildanger Kehrwald Graf v. Schwerin & Partner mbB Rechtsanw?lte's Peter-Michael Weisse and Jasper Meyer zu Riemsloh. Lead counsel for HMD: HOYNG ROKH MONEGIER's Lars Baum and Hogan Lovells's Dr. Andreas von Falck. https://lnkd.in/gz6zzYAq

Huawei to join Via Licensing Alliance HEVC/VVC patent pool as VVC licensor and licensee Today, Huawei has announced it will be joining Via LA’s HEVC/VVC patent pool as both a VVC licensor and licensee. The announcement comes during Via LA’s Business Summit in Shanghai, which ip fray is attending, this week. On the sidelines of the Summit today, Huawei’s IP head Zhiyong (Alan) Fan said VVC is increasingly being adopted, including by Chinese implementers, so it is more important than ever for licensors to come together to find a solution to help the industry. While VVC has nowhere near the type of market uptake the HEVC one has, Via LA President Heath Hoglund said today that the addition of Huawei’s patents will be specifically important to strengthen the VVC part of the pool. Mr. Hoglund has previously been very vocal about his key long-term mission of owning a portfolio that consists of several multi-generational programs. One success story he has long cited is the folding-in of newer audio technologies into the original AAC pool and licensing those together as a package. With significant VVC adoption still being some years out, a pool with this structure allows for the success of its HEVC half to continue while allowing the pool administrator to get ahead of the ever-increasing uptake of VVC technology. This move is another example of Via LA’s continued focus on Asia as a market. As noted by the company's head of programs Willy Chang in an earlier interview, China, Japan and South Korea may be Via LA’s “strongest geographies”. It also underlines Mr. Hoglund’s views expressed during a recent interview with Eli Mazour, in the Clause 8 Podcast, when he said the ticket to entry into any room that discusses ongoing or new Via LA programs is owning relevant IP. This “balanced” approach will allow Huawei to influence how this multi-generational pool is shaped as time evolves, according to Mr. Fan. https://lnkd.in/edcnMic3

Gallium nitride patent wars: China’s Innoscience claims “ultimate victory” in ITC litigation against EPC - Efficient Power Conversion In an “ultimate victory” for Innoscience in a two-year-long dispute before the ITC, the company yesterday announced the USPTO invalidated the only remaining patent after successfully proving that EPC’s allegations were “completely unfounded” (https://lnkd.in/ecmig2eC). A team at?Finnegan, Henderson, Farabow, Garrett & Dunner, LLP?helped secure this win for Innoscience, including?Lionel Lavenue,?Kara Specht,?Cory Bell,?Forrest Jones,?Chen Zang,?Yi Yu,?Luke MacDonald, and?Carlos Duarte-Guevara. EPC was represented by?Blank Rome LLP‘s?Walter Davis,?Dipu Doshi,?Mark Thronson,?Stephen A. Soffen,?Ameya (Arun) Paradkar, and?Jonathan W. England. https://lnkd.in/eGyWQNpU

Indian court hearing reveals HMD offers only 1.5% of what Dolby Laboratories is seeking: $15K instead of $1M deposit for standard-essential patent royalties A more than 60-fold ask-bid spread between the storied multimedia IP licensor and the Finnish device maker that is also defending against SEP cases brought by Huawei and VoiceAge EVS. Delhi High Court: Honorable Ms. Justice Jyoti Singh Counsel for Dolby: Singh & Singh Law Firm LLP's Saya Choudhary Kapur and Vinod C. (the latter is named on the court’s hearing list). https://lnkd.in/gdveM4cc