In Unwired Planet v Huawei Mr Justice Birss has created a new type of injunction – the FRAND injunction. This case forms part of a long-running dispute between Unwired Planet and Huawei relating to the determination of FRAND (Fair, Reasonable and Non-Discriminatory) licensing terms for a portfolio of standard essential (SEPs) telecoms patents. In April … Continue reading Unwired Planet v Huawei: the creation of the frand injunction
In Napp Pharmaceutical Holdings Ltd v Dr Reddy’s Laboratories (UK) Ltd and Sandoz Limited, Arnold J refused to grant a final injunction against the defendants, who were proposing to launch generic seven-day analgesic transdermal patches in competition with a patented Napp product already on the market. The marketing authorisations sought by both defendants relied on … Continue reading Injunction refused in quia timet patent infringement case where infringement would be de minimis; however interim injunction granted pending appeal
In the second case brought by Cartier against ISPs (Cartier International Ltd and another v British Telecommunications plc and others), HHJ Hacon, sitting as a judge of the High Court, granted a website blocking injunction, requiring the ISPs to block access to websites that were selling goods that infringed Cartier’s trade mark rights. The claimants … Continue reading High Court grants blocking injunction against ISPs to prevent further trade mark infringement
In Stretchline v H&M the High Court denied injunctive relief to prevent further infringement of a patent in a case relating to breach of a settlement agreement. Background The action was originally commenced as an action for breach of the settlement agreement and patent infringement. The infringing products in question were undergarments, primarily bras, which … Continue reading Breach of Settlement Agreement: High Court Denies Injunctive Relief to Prevent Further Infringement of Patent
Last week, the Court of Justice of the European Union (“CJEU”) handed down its decision in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GmbH. The judgment concerns the availability of injunctive relief for owners of standard essential patents (in this case, telecoms patents) bringing infringement proceedings. The decision is in line with the … Continue reading CJEU rules on the availability of injunctive relief for owners of standard essential patents
Advocate General Wathelet has issued an Opinion to the Court of Justice of the EU in Huawei Technologies Co. Ltd v ZTE Corp., ZTE Deutschland GMBH on whether the proprietor of a standard essential patent (“SEP”) who has informed a standardisation body that he is willing to grant any third party a licence on fair, reasonable … Continue reading Does an injunction application against a patent infringer constitute abuse of a dominant position?