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Implementers of Standard Essential Patents in Germany Must “Clearly and Unambiguously” Express Their Willingness to Take a License Under Fair, Reasonable, and Non-Discriminatory Terms

USA, European Union - September 15 2020 Germany’s highest court clarified the obligations of owners of standard essential patents (SEPs) when licensing their patents. They are not always...

Cecilia Sanabria, Umber Aggarwal, D. Brian Kacedon.

A U.S. Court Can Dismiss a Case Involving Patent Infringement and Breach of Contract Based on an Exclusive License Agreement to Manufacture the Patented Invention When the Parties Reside, and the Manufacturing Occurs, Outside the U.S.

USA, Canada - September 3 2020 A U.S. Court in Indiana dismissed a case involving Canadian parties having patent infringement and breach of contract claims based on an exclusive...

Cecilia Sanabria, Soniya Shah, D. Brian Kacedon, Anthony D. Del Monaco.

Court Dismisses Intel’s and Apple’s Federal and State Antitrust Claims Against Patent Assertion Entities, Albeit with Leave of Court to Amend the Complaint

USA - August 25 2020 The Northern District of California dismissed a complaint by Intel and Apple alleging antitrust and unfair competition claims against several patent...

Cecilia Sanabria, Shawn S. Chang, D. Brian Kacedon, Anthony D. Del Monaco.

Offering to Waive the Right to Appeal After Losing a Patent Infringement Litigation Does Not Prevent a Court from Awarding Attorneys’ Fees and Costs Incurred by the Winning Party After Rejecting the Waiver Offer

USA - August 1 2020 A Georgia court awarded attorney fees and costs to a defendant who prevailed in a patent infringement suit on summary judgment. The patent owner’s...

Cecilia Sanabria, Daniel G. Chung, D. Brian Kacedon, Anthony D. Del Monaco.

Confusion Can Occur as to Whether an Award of Enhanced Future Royalties Apply to Sales Occurring After a Jury Verdict or After a Subsequent Award of Final Judgment by the Court

USA - July 1 2020 In determining whether an award of enhanced future royalties applies to sales occurring after a jury verdict or after a subsequent award of final...

Cecilia Sanabria, Amanda E. Stephenson, D. Brian Kacedon, Anthony D. Del Monaco.