Actions which impinge upon the monopoly granted by an Intellectual Property right are considered infringements.
The IP Tribunal of the Supreme People’s Court (SPC) recently issued a decision in Dunjun v. Tengda ((2019) SPC IP Civil No. 147), holding that the manufacturer’s making and selling of routers directly infringed a telecommunication method-of-use patent even though the manufacturer itself did not perform one single step of the patented method. This article…
It has been a year since the Supreme Court remanded the matter to the Delhi High Court in the case of Monsanto Technology LLC v. Nuziveedu & Ors[1]. However, the step may have proved to be retrograde. Background Monsanto Technology LLC (Monsanto) had a registered patent no. 214436 for Nucleotide Acid Sequence (NAS) containing the…
The Spanish company Fractus sued Xiaomi and their distributors for infringement of their patent on a monopole antenna with a radiation arm that is shaped as a space-filling curve. However, the provisions judge declared that the claim of the patent should be interpreted narrowly on the basis of the prosecution history and on the basis…
On 5 December 2019, the IP Tribunal of the Supreme People’s Court (SPC) handed down two decisions in which – in a first for China, the SPC heard and decided on both the patent validity and infringement disputes in one consolidated proceeding. Background The two actions arose out of a patent infringement dispute between the…
In view of the upcoming Christmas season, in light of a judgment of 15 October 2019 from the Court of Appeal of Valencia published recently, a call for caution for Father Christmas is in order. The facts of the case may be summarized as follows. The company Smart Trike MNF LTD (“Smart Trike”), which owns…
In its latest ruling on FRAND and the Art. 102 TFEU defense, the OLG (Higher Regional Court) Karlsruhe put an emphasis on the ‘fairness’ of the licensing negotiation procedure and thus on the ‘F’ prong of FRAND. To allow fair and expedient licensing negotiations and avoid a finding of abuse of dominance, the owner of…
The patent licensee ASSIA was held to be entitled to conduct the present infringement action but was not successful in its claim. Independent claims 1 and 16 were deemed invalid because of added subject matter (intermediate generalization) and in an obiter dictum the court also mentioned that the claimant had not succeeded in proving infringement….
In another post (here) I have discussed the procedure for seeking post grant limitation in the framework of Italian court proceedings, and the closing line of that post mentioned that another interesting point of discussion would be when such post-grant limitation should take effect vis-à-vis infringers. In fact, a few decisions have touched this issue…
A Turkish company active in the automotive sector filed a patent infringement action against a German global automotive company. The Turkish company alleged that a system used in the cars of the German company was infringing its non-examined patent granted by the Turkish Patent and Trademark Office (‘TPTO’). As a counter-attack, the German company and…
In a complex and interesting validity and infringement case, the Barcelona Court of Appeals (Section 15), Spain’s most experienced patent court, tackles a plethora of issues: linguistic interpretation of European patents; long-time tolerance of patent infringement; assignee estoppel vis-à-vis third parties; claim construction; and indirect evidence of (non)-infringement of a product claim in cases where,…
