A Blog Devoted to the Comparative Law and Economics of Patent Remedies
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Normal 0 false false false false EN-US X-NONE X-NONE While I was away last week, the Federal Circuit handed down its decision in VDPP, LLC v. Volkswagen Group of America, Inc. , precedential opinion by Chief Judge Moore joined by Judges Lourie and Cunningham. The patent at issue had expired by the time the patentee sued Volkswagen, and so the patentee could only seek damages for infringement…
As I mentioned on Wednesday, after I return from my last little summer trip next week, I plan to write at least a couple of posts analyzing the recent decision of the Court of Appeal for England and Wales in Lufthansa Technik AG v. Astronics Advanced Electronic Systems , [2026] EWCA Civ 964 , concerning the relationship among disgorgement of infringers’ profits, causation, noninfringing…
The decision, which I just became aware of today though it was released on July 27, is Lufthansa Technik AG v. Astronics Advanced Electronic Systems , [2026] EWCA Civ 964 . The principal opinion is by Lord Justice Arnold, in which Lord Justices Lewison and Nugee concur. Lord Justice Lewison also writes a separate opinion, in which Lord Justice Nugee concurs, and Lord Justice adds a very short…
The case is Socket Solutions, LLC v. Import Global, LLC , a short precedential opinion by Chief Judge Moore (joined by Judge Prost and District Judge Seeborg) handed down last Tuesday. Plaintiff Socket Solution “owns U.S. Patent No. 9,509,080, which is directed to an indoor electrical wall outlet cover that permits use of a wall outlet while concealing the outlet contact openings” (p.2). “Socket…
Normal 0 false false false false EN-US X-NONE X-NONE Koji Tomimoto, Shigeru Osuga, and Mitsuhiro Suzuki have published an article titled Japanese SEP litigation--from the 2014 Grand Panel decision to the 2025 Tokyo District Court's Pantech v. Google Case , 5/2026 GRUR Patent, pp. 239-43. Here is the abstract: This article traces Japanese SEP/FRAND litigation from the 2024 Grand Panel decision in…
Yesterday the U.K. Supreme Court handed down its decision in Tesla, Inc. v. InterDigital Patent Holdings, Inc. , [2026] UKSC 27 . The Court held, inter alia , that (contrary to the majority view of the Court of Appeal) there is a "serious issue to be tried" whether SEP owners' obligations to license their SEPs on FRAND terms applies to an offer to license those patents jointly through a platform,…
Some readers may not be familiar with Schedule A litigation in the United States. The two leading scholars who write about it are Professors Sarah Fackrell and Eric Goldman, whose work on the topic I recommend. Citing their work, however, I did mention the phenomenon in my recent book Wrongful Patent Assertion: A Comparative Law and Economics Analysis (Oxford Univ. Press 2026) , where at page 103…
Normal 0 false false false false EN-US X-NONE X-NONE 1. Kung-Chung Liu and Rui Li have published A Critique on WT/DS611 Panel and Arbitration: To Better Understand Chinese Courts, Anti-Suit Injunction, and TRIPS , 2026 GRUR Int. (Advance Access Publication June 25, 2026). Here is the abstract: More and more often, parties and national courts are resorting to anti-suit injunctions (ASIs) to deal…
In a precedential decision handed down yesterday, 4DD Holdings, LLC v. United States , opinion by Judge Hughes joined by Judges Prost and Stark, the court reaffirmed its understanding that so-called “book of wisdom” evidence can be used in estimating the hypothetical bargain the parties would have negotiated as of the date of infringement, but not to alter the terms of the bargain they would have…
ElgarBlog has posted my piece Finding the Right Remedy for IP Infringement . The piece discusses my recently-published book Remedies in Intellectual Property Law (Edward Elgar Publ. 2026), as well as why I think it is important for IP professionals today to be well-versed in both the law of remedies and comparative IP law. Enjoy!
S. Frederick Liu has published The “Last-Patent Problem” in Patent Portfolio Licensing , 106 J. Pat. & Trademark Off. Soc’y 107 (2026) (available on Westlaw). Here is the abstract: Companies often license patents in portfolios because doing so can reduce transaction costs and infringement uncertainty. However, some companies include static royalty rates in their patent portfolio licenses,…
