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FOSS Patents

FOSS Patents
fosspatents.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from fosspatents.com Daily Mail and Mail on Sunday newspapers.

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Arbitrability of IP Disputes

24 Dr Maxi Scherer, Kay Weinberg, Francis Hornyold-Strickland, Memorandum to IBA Subcommittee on how the English Courts Address the Issue of ‘Arbitrability’ in the Context of The New York Convention, at 9; Pascal Hollander, IBA Subcommittee Report on the concept of ‘Arbitrability’ under the New York Convention
, at 13.
26 35 U.S.C. § 294(c).
Packeteer, Inc. v. Valencia Systems, Inc., 2007 WL 707501, 82 U.S.P.Q.2d 1216 (N.D. Cal. 2007) (‘Courts, however, have held that copyright issues are subject to arbitration. The Ninth Circuit has assumed that copyright validity is arbitrable.’);
Boss Worldwide LLC v. Crabill, 2020 WL 1243805 (S.D.N.Y 2020) (holding that ‘plaintiff’s DMCA claim falls within the scope of the arbitration clause’ and rejecting argument that ‘Congress precluded DMCA claims from arbitration’). ....

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FOSS Patents

FOSS Patents
Wednesday, April 7, 2021
Nokia just announced that it has concluded a multi-year, multi-technology patent cross-license agreement with Lenovo. Under the agreement, Lenovo will make a net balancing payment to Nokia. The terms of the agreement remain confidential. The agreement resolves all pending patent litigation and other proceedings between the two parties, in all jurisdictions.
Lenovo defended itself pretty well against Nokia s patent infringement lawsuits in the U.S., Germany, and India, and brought a FRAND action in the Northern District of California. Nokia had some success in the Munich I Regional Court, but the appeals court stayed the enforcement of an injunction. Another Munich trial was scheduled for July. Last summer, Nokia filed a complaint with the United States International Trade Commission seeking an import ban, but a decision on that complaint would still have taken some more time. ....

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FOSS Patents: Annotated translation of referral to ECJ of availability of preliminary injunctions over battle-untested patents: Munich I Regional Court

FOSS Patents: Annotated translation of referral to ECJ of availability of preliminary injunctions over battle-untested patents: Munich I Regional Court
fosspatents.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from fosspatents.com Daily Mail and Mail on Sunday newspapers.

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FOSS Patents

FOSS Patents
Monday, April 5, 2021
Based on how the
Google v. Oracle Supreme Court hearing went in October 2020, it appeared to be a given that the Java APIs in question were copyrightable, and the fair use debate was over whether the Federal Circuit had correctly ruled against Google
or whether the San Francisco jury would have had to be afforded so much deference that a judgment as a matter of law wasn t warranted. In the former case, the case would have gone back to San Francisco for a remedies determination. In the latter case, the Federal Circuit would likely have remanded for a retrial, as Oracle was disadvantaged by the district court. ....

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