Monday, July 18, 2016

From Around the Blogs: FRAND in Ireland, FRAND Arbitration, and Preliminary Injunctions and Punitive Damages in India

1. Earlier this week the Bristows CLIP Board Blog published a post on and link to Vodafone GmbH v. IV, a recent case in which the Irish High Court held that Vodafone (which IV is suing for the infringement of certain alleged SEPs in Germany) could serve process on IV for the purpose of instituting a competition-law action in Ireland based on IV's alleged abuse of dominant position.  The case doesn't reach the merits of the dispute but may signal the opening of a new front in the FRAND wars.  (I like the author's reference to Vodafone's "Irish torpedo" strategy.)  Hat tip to Norman Siebrasse for calling this to my attention.

2.  The IPKat Blog this morning published an interesting post summarizing a recent conference on FRAND arbitration held at Queen Mary University in London.  Discussion centers on, among other things, methods for calculating FRAND rates (nothing particularly new here, though) and compliance with the Huawei v ZTE framework.

3. On the Spicy IP Blog, Balaji Subramanian has published an interesting two-part post (here and here) on interim injunctions in India, focusing on drug patent disputes.  The author provides an extensive discussion of a case involving Merck and Teva in which he argues that the trial court glossed over certain issues (e.g., balance of conveniences and irreparable harm) and the appellate court erred in some of its legal analysis.  Rahul Bajaj also has a post on punitive damages for trademark infringement in India.  The author critiques some recent Indian cases for granting punitive damages without providing an explanation for the amount of the award or an adequate discussion of the quantum of the plaintiff's injury.  For previous discussion, see here.        

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