Friday, September 4, 2020

From Around the Blogs

1.  On FOSS Patents, Florian Mueller published a post titled Dusseldorf Regional Court virtually certain to refer component-level standard-essential patent licensing questions to Court of Justice of the EU: Nokia v. Daimler.  This would certainly be a major, but not unexpected development on the issue of license-to-all versus access-to-all.  Another interesting post, titled Germany's most prominent patent judge disagrees with Mannheim court's Mercedes sales ban on three out of four counts, discussing the views of Judge Thomas Kühnen. 

2.  On IPKat, Barbara Mooij and Alexander de Leeuw published a post titled Keeping up with Dutch patent litigation:  Half-year case law review 2020.  The post discusses recent developments regarding attorneys' fees, preliminary injunctions in SEP cases, and seizure orders, among other matters.

3.  On Juve Patent, Mathieu Klos published a post titled No major changes in second draft of newGerman patent legislation.  I still need to read the new draft myself, and may have more to say about the provision on injunctions at some point.  

4.  On SpicyIP, Swaraj Paul Barooah and Praharsh Gour have published the first in a two-part series, titled Interim Injunctions: What’s the Damage? – A SummaryVery informative, regarding the practice of the courts of India regarding the granting of interim injunctions in patent cases.

Update:  Part 2 of this series is now available here.  It recommends, among other things, that Indian courts more frequently require plaintiffs to post a bond, and discusses parallel practices regarding compensation for wrongly granted injunctions in other jurisdictions (citing a couple of my posts along the way). 

5. On Sufficient Description, Norman Siebrasse published a post titled Rule 420 Doubling Applies to Lump Sum Costs, regarding awards of attorneys' fees in Canada; and another, titled Silos or Not?, addressing confusion among the Canadian courts regarding the standard for granting an interlocutory injunction/stay pending appeal.

6. On Law360, Jeffrey Stec, Stuart Miller, and Krishnan Ramadas published an article titled When Noninfringing Alternative Bars Lost Profits Award, discussing the U.S. case law on noninfringing alternatives in patent cases.

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