1. Tilman Müller-Stoy, Jan Bösing, and Stefan Lieck have published a short post, with links to a longer article, titled DE – Application of FRAND objection by Düsseldorf District Court following FRAND-Einwand I and II. The write-ups discuss the May 11, 2021 judgments of the Düsseldorf District Court, docket nos. 4b O 83/19, 4b O 23/20, and 4b 49/20, on remand from the BGH in its two FRAND-related decisions from 2020.
2. Tim Syrett has published two posts on IP Watchdog, one titled The SSPPU is the Appropriate Royalty Base for FRAND Royalties for Cellular SEPs, and the other titled A Licensor’s FRAND Commitments Do Not Limit A Licensee’s Rights. Also on IP Watchdog are an article by James Nurton titled Nokia and Harting at the CJEU: The Issues Explained, discussing the pending referrals tot he CJEU on SEP issues (Nokia) and on interim measures (Harting); and one by Curtis Dodd and Chris Dubuc titled Transparency in 3G/4G/5G FRAND Licensing and ETSI’s IPR Database.
3. On Law360, Robert Kornweiss, Anne Li, and James Stronski have published an article titled Early Focus on Damages Can Streamline Patent Litigation. The article provides several useful tips for practitioners.
4. On IP CloseUp, Bruce Berman published a piece titled $1 Billion+ Patent Damages Awards, and Many Over $100M, Are Rarely Paid. The article notes discusses some nine- and ten-figure U.S. patent damages awards since 2008, while noting that many have been reduced or reversed on appeal.
5. On FOSS Patents, Florian Mueller published a post titled Extraterritorial overreach in SEP enforcement: slide deck used in my presentation today (DG GROW webinar on standard-essential patent enforcement). Mr. Mueller's proposal for limiting overreach is for domestic courts to afford litigants an opportunity to seek a partial refund of the domestic portion of a global license set by a foreign court. He argues, among other things, that "If, for example, a UK court did not allow a party to have a foreign court make adjustments with respect to that country's patents, it could not claim to just be seeking to defend its own jurisdiction," and that his proposal "can benefit SEP holders as well as implementers."
6. On the Kluwer Patent Blog, How much is needed to find a threat of patent infringement? A respectful dissent, discussing a recent decision of the Barcelona Court of Appeal (and a dissenting opinion in that case) on the question of when, exactly, a patent owner is faced with a sufficient threat of infringement to be eligible for a prohibitory injunction.
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