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This our patent update report on the new significant licence and litigation around the world from Nokia and Samsung Patent Licence Agreement, Nokia v. Oppo litigation over Nokia’s 5G technology, CalTech v. Samsung litigation over Caltech’s Wireless chips patent and Digital Rights dispute between PMC v. Apple.
First, 5G Technology Patent Licence and Litigation
According to today press release, Nokia and Samsung signed a 5G patent licence agreement following the expiration of their previous agreement in December 2022, covering Nokia’s fundamental inventions in 5G and other technologies. Accordingly, this agreement comes into effect on January 1, 2023. Nokia currently holds over 4,500 patent families declared essential to 5G.
UK: Moreover, Nokia is looking forward to a FRAND (fair, reasonable and non-discriminatory) hearing before London-based High Court of Justice (formerly England & Wales High Court (EWHC)) against OPPO/One Plus. The litigation is related to a 4G standard-essential patent which is also found in 5G. The UK trial will take place on 23 April 2023.
Source: https://www.juve-patent.com/news-and-stories/cases/nokia-and-oppo-head-for-frand-trial-in-london/
Second, Wireless chips Litigation
US: Samsung failed to persuade an East Texas federal Court on January 20, 2023 to pause the California Institute of Technology’s patent lawsuit against the company as it also challenges the patent’s validity in the U.S. Patent and Trademark Office. According to the U.S. District Judge R. Gilstrap, halting the lawsuit until the Patent Trial and Appeal Board reviews the said patents would unnecessarily delay the court case and prejudice Caltech.
Court Order: https://fingfx.thomsonreuters.com/gfx/legaldocs/gkvlwxzlbpb/IP%20SAMSUNG%20CALTECH%20PATENTS%20order.pdf
The school brought an action against Samsung in 2021, after winning a $1.1 billion California jury verdict in 2020 against Apple and Broadcom in a dispute over some of the same data-transmission patents. Caltech also has separately sued Microsoft, Dell and HP over the patents.
Third, Digital Rights Management Litigation
US: The Court of Appeals for the Federal Circuit in Washington, D.C. on January 20, 2023 affirmed the decision of the East Texas Federal judge, overturning a $308.5 million jury verdict against Apple Inc. for allegedly infringing a patent related to digital rights management. The said decision ruled that Personalized Media Communications LLC (PMC)’s patent was invalid because the company engaged in misconduct before the U.S. Patent and Trademark Office.
According to the decision, PMC’s patent was unenforceable since it used an improper “submarine” strategy that some applicants employed before 1995, then delayed patents from becoming public until a market developed for their invention. This represents a “conscious and egregious misuse of the statutory patent system”. As a result, the Court found that PMC’s “inequitable scheme to extend its patent rights” had prejudiced Apple.
Court Decision: https://cafc.uscourts.gov/opinions-orders/21-2275.OPINION.1-20-2023_2066571.pdf
More about the patent update, check out this following post:
Sources:
https://www.reuters.com/legal/apple-wins-appeal-keep-308-million-us-patent-verdict-bay-2023-01-20/