AA Thornton’s Post

Another #FRAND-related procedural decision from the Unified Patent Court: Presiding Judge and judge-rapporteur Dr. Matthias Zigann has referred to the entire panel a motion by Xiaomi Technology (and opposed by Panasonic) to stay the proceedings pending Mr Justice Richard Meade's (England & Wales High Court) FRAND determination. Judge Dr. Zigann recommends to the panel to rule on the motion only after the upcoming November and January trials in this dispute, as opposed to vacating any trial dates. While UPC panel decisions adopt the judge-rapporteur's views almost all of the time, things could get interesting here if the England & Wales Court of Appeal declares that Xiaomi has an interim license to Panasonic's patents. In that case, the trial dates might be in jeopardy. Counsel for Panasonic: KATHER AUGENSTEIN (counsel of record: Sören Dahm). Counsel for Xiaomi: Hogan Lovells's Henrik Lehment. https://lnkd.in/dw3pKANG

Graham Burnett-Hall provides a detailed analysis of the landmark UK Court of Appeal Panasonic v. Xiaomi SEP/FRAND judgment, which promises to be very significant for the future conduct of #FRAND litigation in the United Kingdom and, indeed, in other jurisdictions worldwide. "[I]n the circumstances of this case, Panasonic (and Xiaomi) had expressly submitted to the jurisdiction of the UK courts for the determination of global FRAND terms and it was inevitable that in a few months both Panasonic and Xiaomi would enter into a global licence on those terms. It followed that the purpose of Panasonic in pursuing the parallel German/UPC proceedings could only be to seek, with the threat of injunctions, Xiaomi’s agreement to licence terms that would be more favourable to Panasonic that the terms likely to be decided upon by the UK courts. In Arnold LJ’s judgment, this course of action was not consistent with Panasonic’s FRAND obligations and amounted to a breach of Panasonic’s obligation of good faith. "Lord Justice Phillips dissented: in his view, although Panasonic’s conduct was indefensible, he did not think the UK court should sanction that conduct by granting the declarations sought by Xiaomi. It was not clear why the terms of the interim licence would be FRAND and the purpose of granted the declarations was not clear. In Phillips LJ’s view, a more appropriate remedy would have been to grant an anti-suit injunction against Panasonic, to prevent Panasonic pursuing proceedings in Germany and in the UPC that appeared to be unconscionable, vexatious and oppressive." #Patent #Litigation #FRAND #SEP #UKCourtOfAppeal The entire analysis can be read on the #EPLAWPatentBlog https://lnkd.in/eeUy7Yj7

Please take a look at our Spring edition of Inside IP which is full of interesting articles! Let me know if you'd like to be added to our mailing list!

FTC adds Ozempic and 300 drugs to FDA's Orange Book. #CopyrightInfringement 🤝 Download 1 Million Logo Prompt Generator 🔜 https://wapia.in/1mlogo 🤝 Follow us on Whatsapp 🔜 https://wapia.in/wabeta _ ❇️ Summary: This week in Bites and Barks: The Department of Commerce releases a plan to increase women's employment in the semiconductor sector, the FTC adds 300 drugs to the FDA's Orange Book, and major U.S. newspapers sue OpenAI and Microsoft for copyright infringement. In Barks, the USPTO issues an update to amino acid sequence patent application disclosures, PTAB invalidates a patent in a $142 million infringement ruling against Samsung, and Nike and BAPE settle a shoes design copyright infringement lawsuit. The Federal Reserve delays plans to cut interest rates, Tesla fires a team developing fast chargers, and several firms announce quarterly earnings. Hashtags: #chatGPT #FTCadditions #CopyrightLawsuits

Sisvel’s latest news round-up is here to fill you in on all the key #SEP stories from the past week. These are just a few of the legal, market and policy headlines covered in this edition:     🔸Tech giants accused of licence collusion  🔸Xiaomi sues Panasonic in China   🔸US eligibility reform law introduced  🔸EU should drop “self-defeating” regulation    You can find all that and more at the link below: https://lnkd.in/dzZ3yunN #WePowerInnovation  

Check out our latest post on Perkins Law - Brand Protection: "Massive Chip Maker Nvidia Named in Generative AI Copyright Lawsuit" Dive into the details of this high-stakes case and learn what it means for the future of AI and intellectual property. Don't miss this insightful read! Read more here: https://lnkd.in/e3m2GAbU 

Victory for Sony: Judge Rules in Favour in $500m Patent Infringement Lawsuit In a significant win for innovation and intellectual property rights, a US District Court judge has ruled in favour of Sony Interactive Entertainment in a $500 million patent infringement lawsuit. The case, brought by Genuine Enabling Technology (GET) in 2017, alleged that Sony's PlayStation consoles and controllers infringed on GET's patented technology. GET's claims centered on its '730 Patent, which focused on methods for producing and recovering combined data streams and user input streams. Specifically, GET argued that Sony's communication method between PlayStation consoles and controllers violated its patent by transmitting button inputs and motion control inputs simultaneously on different frequencies. However, Sony vigorously defended its position, challenging GET's evidence of structural equivalence between its patented diagrams and Sony's controller components. After careful consideration, the judge concluded that GET had failed to present sufficient evidence to dispute Sony's assertions, resulting in a summary judgment of non-infringement in Sony's favour. This legal victory underscores Sony's commitment to innovation and the protection of its intellectual property rights. It highlights the complexities of intellectual property litigation in the technology sector and the importance of robust legal defence strategies. While this ruling marks a significant milestone for Sony, it's important to note that similar legal battles are ongoing in the gaming industry. GET has also filed a lawsuit against Nintendo, alleging infringement of the same patent, demonstrating the prolonged nature of intellectual property disputes. Congratulations to Sony Interactive Entertainment on this important legal win, reaffirming its dedication to innovation and defending against patent infringement claims. 🏆💼 #Sony #Patent #Innovation #LegalVictory #IntellectualProperty #GamingTech

𝗕𝗿𝗲𝗮𝗸𝗶𝗻𝗴 𝗡𝗲𝘄𝘀: 𝗣𝗲𝗿𝗽𝗹𝗲𝘅𝗶𝘁𝘆'𝘀 𝗚𝗿𝗼𝘄𝘁𝗵 𝗮𝗻𝗱 𝗙𝘂𝘁𝘂𝗿𝗲 𝗣𝗹𝗮𝗻𝘀: 𝗥𝗮𝗽𝗶𝗱 𝗚𝗿𝗼𝘄𝘁𝗵: Perplexity is experiencing significant growth, processing 100 million queries per week, up from 250 million in July. 𝗘𝗰𝗼𝗺𝗺𝗲𝗿𝗰𝗲 𝗜𝗻𝘁𝗲𝗴𝗿𝗮𝘁𝗶𝗼𝗻: The company is introducing ecommerce features, allowing Pro subscribers to make one-click purchases. 𝗡𝗲𝘄 𝗔𝗱 𝗠𝗼𝗱𝗲𝗹: Perplexity is exploring a new ad model, potentially partnering with brands like Nike and Marriott for sponsored queries. 𝗙𝘂𝗻𝗱𝗶𝗻𝗴 𝗥𝗼𝘂𝗻𝗱: The company is in talks to raise $500 million at an $8 billion valuation. 𝗟𝗲𝗴𝗮𝗹 𝗖𝗵𝗮𝗹𝗹𝗲𝗻𝗴𝗲𝘀: 𝗖𝗼𝗽𝘆𝗿𝗶𝗴𝗵𝘁 𝗜𝗻𝗳𝗿𝗶𝗻𝗴𝗲𝗺𝗲𝗻𝘁 𝗟𝗮𝘄𝘀𝘂𝗶𝘁𝘀: Perplexity is facing legal challenges from News Corp's Dow Jones and the NY Post over copyright infringement claims. 𝗖𝗼𝗻𝗰𝗲𝗿𝗻𝘀 𝗳𝗿𝗼𝗺 𝗡𝗲𝘄𝘀 𝗢𝗿𝗴𝗮𝗻𝗶𝘇𝗮𝘁𝗶𝗼𝗻𝘀: Other news organizations, such as The New York Times, have expressed concerns about Perplexity's use of their content and have sent cease and desist letters. #Perplexity #technology #innovation #ai #aivideo #newAIupdates #genxi

ŌURA wants Samsung Electronics’s declaratory-judgment action dismissed for lack of actual controversy, but doesn’t rule out future #patent infringement suit The timing of Oura's motion shows they want to have the chance to sue Samsung elsewhere (presumably in Texas) soon. This is all about venue. Unless Oura looks at the actual Galaxy Ring post-launch and finds no infringement, Oura would presumably sue in the Eastern District of Texas (where Samsung has a substantial presence). They want to minimize the risk of a transfer to the Northern District of California. The motion to dismiss may very well succeed, but Samsung will then appeal. Will Oura take its chances with an infringement action during the pendency of an appeal? Or will they wait until at least 2026? This is an interesting dispute. #OuraRing https://lnkd.in/d29XaD6d

A selfish post, since I am 50plus vanprasthashram generation, this story of starting a company at 55 suits my age. #Entrepreneurship #AgeIsJustANumber Not that I do not like 20 plus young founders. #YouthEntrepreneurship #DiversityInEntrepreneurship Once in a while you should talk about 50 plus founders. #LateBloomers #ExperienceMatters It is never too late to start a venture. #NeverTooLate #StartupMindset ---