Munich I Regional Court throws out Qualcomm patent infringement lawsuit against Apple: no infringement
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The Munich I Regional Court ("Landgericht München I" in German) just announced the first final judgment on a Qualcomm v. Apple patent infringement complaint anywhere in the world. Apple (and, by extension, Intel) fended off one of various Qualcomm patent infringement lawsuits.The court agreed with Apple's claim construction.
A few months after the Federal Trade Commission of the United States and, in a separate case, Apple sued Qualcomm over antitrust and contract-related matters in January 2017, the San Diego-based company that dominates the market for cellular baseband chips started a patent infringement lawsuit campaign against the iPhone maker in the U.S., Germany, and China. Qualcomm wanted to kick off the German "rulings season" with a Mannheim injunction--and got a Munich rejection.
A three-judge panel--composed of Judge Dr. Schoen ("Schön" in German), who filled in for Presiding Judge Dr. Zigann at last week's trial, and Judges Klein and Schmitz--held that Apple's iPhone 7 and iPhone 7 Plus do not infringe Qualcomm's European patent EP1199750 on a "post[-]passivation interconnection scheme on top of [an] IC chip."
While Qualcomm's patent infringement lawsuits against Apple (and, by extension Intel) are merely a sideshow to the antitrust matters pending on three continents, let's start with a brief follow-up to yesterday's Munich judgment. The court has meanwhile, thankfully, provided a redacted copy of the decision. I've read it, and the most interesting part is that Qualcomm had submitted two expert reports in support of its claim construction, while Apple had provided only one, but the deficiencies of Qualcomm's reports were massive while Apple's expert provided instructive, helpful information. I'll publish a translation of the relevant passages soon.
Meanwhile, Judge Lucy H. Koh of the United States District Court for the Northern District of California has granted the Federal Trade Commission of the United States permission to file a reply to Nokia's recent amicus curiae brief in support of Qualcomm with respect to the FTC's motion for partial summary judgment regarding Qualcomm's obligation to extend FRAND licenses to its cellular standard-essential patents (SEPs) to rival chipset makers. In its reply brief in support of its motion (that post also contained a link to Nokia's brief), the FTC had already reserved the right to request leave to file such a reply since Nokia's brief was filed just on the eve of the FTC's reply to Qualcomm's opposition.
The EPO has recently published the 2018 revision to its Guidelines for Examination, which are generally updated annually to take into account developments in patent law and practice. For a complete list of sections that have been amended this year, please see the EPO’s website here. These new Guidelines will come into effect on 1 November 2018.
Notably, some of the key updates this year concern Part G, Chapter II, 3.3-3.7: these provisions outline the exceptions to patentability under Article 52 of the European Patent Convention (“EPC“), including mathematical methods, business methods and programs for computers. Claims directed to such subject matter would normally not be patentable, but the updated Guidelines elaborate on the types of claims which still might be eligible for patenting, and provide concrete examples of such eligible claims.
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Nevertheless, these developments have to be seen alongside the other efforts being taken by the EPO in ensuring that European patent law remains suitable and robust to tackle computer-implemented inventions. In May 2018, the EPO held (for the first time) a conference on patenting Artificial Intelligence and soon after, in June 2018, the heads of the five largest patent offices (USPTO, EPO, JPO, the Korean patent Office and the State Intellectual Property office in China) re-emphasised the impact of AI on the patent system as one of their “main strategic priorities“. In December 2018, the EPO will host a conference on the patenting of blockchain-based inventions.
These recent developments are indicative of the EPO’s proactive response towards the changing technological landscape, and a willingness to engage with and potentially grant patents for computer-implemented inventions such as AI- or blockchain-enabled technologies if they meet the applicable criteria.
New EPO Guidelines On The Issuance Of A Summons To Oral Proceedings As The First Action In Examination
A summons to oral proceedings before the Examining Division is usually only issued after at least one examination report – if not several – has been issued. However, last year the EPO revised the Guidelines for Examination to state that the Division may issue a summons to oral proceedings as the first action in examination after issuance of the extended European search report, albeit only in exceptional cases.
A second patent granted to Carlsberg and Heineken related to conventionally-bred barley has been reduced in scope by the European Patent Office (EPO).
The patent, which covered conventionally-bred barley, its usage in brewing and the resulting beer, and is now restricted to plants with a specific mutation which can influence the content of these flavours.
This is the second patent of this type that has been reduced in scope by the EPO following pressure from lobbying groups.