Friday, March 12, 2021

From Around the Blogs: Mostly, but not Exclusively, FRAND-Related

1. Mark Cohen published a post on the ChinaIPR Blog titled China's Evolving Case Law on ASI'sThe post discusses the SPC's selection of the Huawei v. Conversant antisuit injunction decision (see also here) as a case worth reporting in two recent publications discussing "typical" IP cases.  The post provides a rough translation of the factors relevant to determining whether to issue an ASI, and some additional context worth reading.

2. Florian Mueller also recently published a post on the ASI craze, titled Anti-anti-anti-antisuit injunctions (no kidding) widely available now in Munich: InterDigital v. Xiaomi decision lays out criteria, discussing in more detail a matter previously noted here; as well as another titled Brainstorming: how do we get out of this quagmire of extraterritorial patent rulings and multi-antisuit injunctions?  (plus a follow-up here).  ("Quagmire" is an appropriate term for what we are now facing, for reasons I have discussed here.)  The post asks readers to weigh in on various options.

3. David Kappos and Daniel Etcovitch have published an essay on Law360 titled US Should Learn from German Courts Balancing SEP Rights.  The essay focuses on the BGH's November 2020 decision in Sisvel v. Haier II, previously noted on this blog here.  It is fair to say that my own views on the BGH's approach to SEP issues are less favorable than Kappos and Etcovitch's, see, e.g., here.  Also of interest to readers of this blog is a Law360 essay by Daniel McGavock and Robert Goldman titled Assessing Damages Theories in Recent Trade Secret Verdicts, which discusses among other matters the use of an "avoided costs" theory of unjust enrichment in a recent case.            

4. Norman Siebrasse published a post on Sufficient Description titled Essential Reading on Costs, briefly discussing a recent decision by Canada's Federal Court providing, as Professor Siebrasse describes it, "an extremely helpful summary of costs [i.e., recovery of attorneys' fees and other expenses] principles in patent litigation."

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