1. On FOSS Patents, Florian Mueller has published a post titled Justice Kennedy's eBay v. MercExchange concurrence and Judge Kuehnen's take on German patent reform proposal: striking transatlantic parallels. The post discusses Judge Thomas Kühnen's recent comments on how he would interpret the revised draft amendment to the German Patent Act on injunctions, which Mr. Mueller summarizes as "he would consider the 'collateral damage' from an injunction over a patent covering a minor feature of a complex multifunctional product to constitute 'special circumstances' under which to deny injunctive relief." That would certainly be an important (and in my view, positive) development. He also published a post today titled The day that international comity died was when the UK Supreme Court handed down its injudicious Unwired Planet ruling, describing the situation in which we now find ourselves--with anti- and anti-anti-suit injunctions being handed out right and left--as "a global race to the bottom." For more on this topic, see below points 3 and 6 below.
2. On EPLaw, Philipp Rastemborski and Tobias Wuttke published a post titled DE-Nokia v. Daimler, with a link to a longer comment and to the German judgment. This is a recent FRAND/SEP case in which the Mannheim court entered an injunction (not currently being enforced, however) against Daimler. Florian Mueller discusses this case, as well as a couple of other recent German decisions, here and here, with the latter post in particular leaving me wondering how German courts determine the amount of a bond the plaintiff must post pending appeal; the numbers cover an astonishingly wide range.
3. On IPKat, Raphaëlle Dequiré-Portier, Julie Pailhès, Luca Chevallier and Camille d'Angerville have published a post titled Keeping up with French patent litigation: Half-year case law review 2020. The article discusses TCL v. Philips (denying Philips' and ETSI's motion to dismiss TCL's suit demanding a worldwide FRAND license, a case the authors describe as "must follow"); Motorola v. Lenovo/IPCom (in which the Cour d'appel affirmed an anti-anti-suit injunction directed against Lenovo); and MSD v. Mylan and MSD v. Sandoz, both applying the principle of proportionality to a request for a preliminary injunction.
4. On Law360, Bonnie Eslinger published an article titled UK Global Licensing Path Paved for Mobil, Wi-Fi Ingenuity, discussing the implications of the U.K. Supreme Court's Unwired Planet decision. Law360 also published an analysis by Mike Renaud, Joseph Miller and Daniel Weinger titled DOJ Support of SEP Injunctions Should Stabilize Licensing, discussing the DOJ's recent revision of the 2015 IEEE Business Review Letter. For my views of the latter (quite different from these authors'), see here. For my thoughts on Unwired Planet, see here.
5. On SpicyIP, Swaraj Paul Barooah and Varsha Jhavar published a post titled The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic? The post discusses the Indian case law on when the public interest will (or will not) suffice to defeat a preliminary injunction, including a recent judgment of the Delhi High Court denying Indoco relief from a preliminary injunction in favor of Bristol Myers.
6. Also on SpicyIP, Rajiv Choudhry published a post titled Chinese Court Issues Anti-Suit Injunction Re Pending Delhi HC Case by InterDigital against Xiaomi. (For a link to another recent post mentioning this case, see here). Mr. Choudhry states that "InterDigital has filed an anti-anti-suit injunction application at the Delhi High Court on 29th September, 2020." Ah, where will it all end?
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