From Around the Blogs, Part 1

1.  On IPKat, Léon Dijkman has published a post titled Proportionality and FRAND in France - Paris appeal court upholds anti-anti-suit injunction but first instance court refuses PI in IPCom v. Lenovo.  As the title indicates, the post discusses, first, a decision of the Paris Court of Appeal affirming a decision last fall granting IPCom an anti-anti suit injunction prohibiting Lenovo from seeking an anti-suit injunction in the U.S.  Second, it discusses a decision of the court of first instance denying IPCom a preliminary injunction against Lenovo, on the ground, inter alia, that such relief would be disproportionate and therefore contrary to article 3 of the Intellectual Property Rights Enforcement Directive.  According to Mr. Dijkman, the latter case is, to his knowledge, "among the first decisions of this kind in France."

2.  On Sufficient Description, Norman Siebrasse published a post titled Determining the Rate of Return for Compound Interest Damages, discussing Eli Lilly and Co v Apotex Inc 2019 FC 1463 Zinn J [Cefaclor Interest].  The post discusses how the Canadian courts sometimes manage to work around of a statutory prohibition on awards of compound interest, by allowing parties to claim the time value of money as an element of damages, and how the court in the Eli Lilly case went to great lengths to determine an appropriate compound interest rate.  Professor Siebrasse concludes with a suggestion that "it might be preferable to amend the Act to allow the plaintiff to claim compound interest at a modest statutory rate which would be low enough as to rarely or never result in overcompensation."

I may have more to say about prejudgment interest in an upcoming post. 

3.  Florian Mueller published a post earlier this week discussing Damien Geradin's recent article SEP Licensing After two Decades of Legal Wrangling: Some Issues Solved, Many Still to Address.  I haven't read the article yet myself, but plan to do so sometime this month.

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In other news, I hope that my readers stay healthy during the coming weeks.  I will be moving to online teaching for at least the next couple of weeks, and what with that and other disruptions I may be blogging a little less than usual for a while.