tag:blogger.com,1999:blog-5574479.post7612803321276059935..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: [Guest Post] Sisvel v. Sun Cupid: a Dutch SEP injunction absent any counterclaimVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-74532989240849376302020-04-15T22:49:53.075+01:002020-04-15T22:49:53.075+01:00Yes this decision has had a different outcome. I t...Yes this decision has had a different outcome. I think besides the fact circumstances were different because Xiaomi defended itself, one important point is that Xiaomi provided for a security.<br /><br />Another decision not in the Netherlands but about injunction and proportionality is the Court of Paris decision in the case IPCom versus Lenovo, Motorola, Modelabs and Digital River (distributors in France) dated 20th January 2020. The Court considered a temporary injunction until patent expiration date would be disproportionate because defendants would have to remove all their 3G products and the injunction would harm their reputation. Also IPCom did not exploit itself the patent on the market and did not justify the existence of other licenses to similarly situated companies. M.B.https://www.blogger.com/profile/16164552927399592230noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-71438340175908085872020-04-15T15:37:31.429+01:002020-04-15T15:37:31.429+01:00In another case Sisvel vs. Xiaomi, the former was ...In another case Sisvel vs. Xiaomi, the former was not so successful. After being denied a PI by the Court of The Hague, the Court of Appeal has confirmed the denial. Case number court : C/09/573969/ KG ZA 19-462, Judgement of 17 march 2020.<br /><br />The situation is certainly different, as for a start and contrary to the present defendants, Xiaomi defended itself, and apparently successfully. <br /><br />The fact that Sisvel is a NPE as well as the notion of proportionality in the Enforcement Directive have apparently played a big role. <br /><br />Sisvel and Conversant are two NPE using patents originally filed by Nokia and holding SEP in the field of wireless communication.Anonymousnoreply@blogger.com