{"id":87185,"date":"2022-03-01T16:09:53","date_gmt":"2022-03-01T10:39:53","guid":{"rendered":"https:\/?p=87185"},"modified":"2025-07-03T14:14:44","modified_gmt":"2025-07-03T08:44:44","slug":"5g-patent-news-delhi-high-court-ipr-rules-uspto-update","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/5g-patent-news-delhi-high-court-ipr-rules-uspto-update\/","title":{"rendered":"No single leader in 5G tech, finds USPTO; DHC sets up IPR Bench, notifies final rules and more patent news."},"content":{"rendered":"

In this week\u2019s patent news<\/strong> – Delhi High Court notifies final Intellectual Property Rights Division Rules 2022 and Rules Governing Patent Suits 2022; Need for Stronger Enforcement Provisions in cases of IPR Infringement, says CJI NV Ramana; EU files case against China at WTO; No company currently dominates the 5G technology realm, says USPTO; Activision and Blizzard settle patent dispute; European Commission to consider new time limits for FRAND licensing negotiations; ICC Centre of Entrepreneurship and WIPO collaborate to empower innovation in entrepreneurship; VideoLabs Inc. sues Netflix over Digital Video Patent Infringement.<\/strong><\/em><\/p>\n

Indian Patent News Updates:<\/strong><\/h2>\n

Delhi High Court notifies final Intellectual Property Rights Division Rules 2022 and Rules Governing Patent Suits 2022<\/strong><\/h3>\n

\u00a0<\/strong>The Delhi High Court last week notified the \u2018Delhi High Court Intellectual Property Rights Division Rules 2022\u2019 and the \u2018High Court of Delhi Rules Governing Patent Suits 2022\u2019.\u00a0 The first draft of these rules was released on October 27th<\/sup>, 2020, and after receiving comments regarding the same, changes were made, and the final draft was composed accordingly.<\/p>\n

The High Court of Delhi has exercised its power under Section 7 of the Delhi High Court Act; Section 129 of the Code of Civil Procedure and powers granted to it through the Tribunal Reforms Act to introduce the IPRD Rules and Section 7 of the Delhi High Court Act; Section 158 of the Patents Act, Section 129 of the Code of Civil Procedure and provisions of the Tribunal Reforms Act for the rules pertaining to patent suits.<\/p>\n

The IPRD rules contain over 40 rules and two schedules which will hereby govern Civil Writ Petitions, CMM, RFAFAO on Intellectual Property disputes, barring those that are to be decided by a division bench.<\/p>\n

The rules governing patent suits contain 17 rules which provide definitions, pleading content, first hearing of the suit, affidavit filing of admission\/denial, second and third case management hearing, mediation, Scientific Advisor Panel, summary adjudication and final hearing clauses to name a few.<\/p>\n

The Delhi High Court Intellectual Property Rights Division Rules, 2022<\/a><\/strong> may be accessed here<\/a><\/strong>.<\/p>\n

The High Court Of Delhi Rules Governing Patent Suits, 2022<\/strong><\/a> may be accessed here<\/a><\/strong>.<\/p>\n

Need for Stronger Enforcement Provisions in cases of IPR Infringement, says CJI NV Ramana<\/strong><\/h3>\n

During the National Seminar on adjudication of IPR disputes in India, Chief Justice of India, NV Ramana expressed his views on the current situation revolving around IPR cases in the country.<\/p>\n

“Provisions for stronger enforcement and action against infringement are the need of the hour”<\/em><\/p>\n

“These new and additional challenges can be effectively met by strengthening the High Courts. Not only do we need to fill the existing vacancies on an urgent basis, but there is also a need to increase the number of judges. With better service conditions we may be able to attract more and more talents into our fold. <\/em><\/p>\n

Judicial infrastructure needs to be improved. Unfortunately, we are not even meeting the basic minimum standards in this area. It has been my endeavour since assuming the office of Chief Justice of India, to put in place an institutional mechanism to co-ordinate and oversee the improvement of judicial infrastructure.<\/em><\/p>\n

Mere allocation of funds is not enough. The challenge is to put the available resources to optimum use. I have been pursuing the government for setting up of statutory authorities, both at the centre and at the states”.<\/em><\/p>\n

International Patent News Updates:<\/strong><\/h2>\n

EU files case against China at WTO<\/strong><\/h3>\n

The European Union (EU) has announced that it has filed a case against China at the World Trade Organization because of China\u2019s restrictions against EU based companies which prevents them from approaching foreign courts in cases of patent protection and enforcement.<\/p>\n

The EU claimed that China imposed severe fines on EU based companies that chose to enforce their technology patents (3G, 4G and 5G SEP patents) in foreign courts and thereby, pressurised them into entering subpar licensing fee settlements. The EU has also claimed to have reached out to China regarding this issue previously but received no viable solution from their end.<\/p>\n

Dispute settlement consultations is the first step of WTO disputes and the EU has requested for the initiation of the same. If no solution is reached within 60 days, a panel can be setup by the WTO to rule on the matter.<\/p>\n

For more information, please click here.<\/a><\/p>\n

No company currently dominates the 5G technology realm, says USPTO<\/strong><\/h3>\n

The United States Patent and Trademark Office (USPTO) recently released a report claimeing that while there is global competition in the 5G innovation realm, there is no forerunner that dominates the market.<\/p>\n

Qualcomm, Ericsson, Huawei, LG, Nokia, and Samsung have consistently filed 5G related patent applications in the last decade but none of them have currently emerged as the industry leader.<\/p>\n

From 2010-2021, four critical 5G technologies have been prioritised in terms of patent applications and they are as follows – (1) management of local wireless resources; (2) multiple use of transmission path; (3) radio transmission systems; and (4) information error detection or error correction in transmission systems.<\/p>\n

For more information, please click here<\/a>.<\/p>\n

Activision and Blizzard settle patent dispute<\/strong><\/h3>\n

Gaming majors – Activision and Blizzard have settled a long-standing patent dispute over the latter\u2019s game launching system. On 21st<\/sup> February 2022, Activision informed the court in Austin, Texas that it had reached a settlement with Blizzard, but refrained from providing additional details.<\/p>\n

Activision had initially sued Blizzard Entertainment in 2014 over its game launcher and system which allegedly infringed on its patent pertaining to storing and accessing data. In 2019, a court ruled in favour of Blizzard only for the case to be taken up for appeal in 2020. The case was in the midst of a trial again and has now been withdrawn as part of the settlement.<\/p>\n

European Commission to consider new time limits for FRAND licensing negotiations<\/strong><\/h3>\n

The European Commission has issued a call for evidence regarding the time limits on various stages of negotiations for standard-essential patents. The Commission aims to \u2018promote an efficient and sustainable SEP licensing ecosystem\u2019<\/em> and is seeking views from the public regarding the same.<\/p>\n

The feedback time period is as follows – 14 February 2022 – 09 May 2022\u00a0 (midnight Brussels time).<\/p>\n

For more information, please click here<\/a>.<\/p>\n

ICC Centre of Entrepreneurship and WIPO collaborate to empower innovation in entrepreneurship<\/strong><\/h3>\n

The Centre of Entrepreneurship of the International Chamber of Commerce (ICC CoE) and WIPO have announced that the two would be partnering together to help entrepreneurs in navigating IP regulations and better manage their intangible assets. According to the ICC\u2019s official announcement \u201cAs part of the partnership with WIPO, the ICC Centre of Entrepreneurship will host a series of workshops to discuss the needs of entrepreneurs and MSMEs,and provide practical guidance on how to understand and better use intellectual property protection. The workshops will also include a presentation of the diagnostics tool and practical cases to help entrepreneurs explore this important part of their business.\u201d <\/em><\/p>\n

The WIPO IP Diagnostic Tool, \u00a0which has been developed by WIPO\u2019s IP for Business team, is a self-assessment IP tool which helps users identify the IP assets they may have and how they can how they may protect, manage and exploit these assets.<\/p>\n

The dates for the 1st<\/sup> workshop for South East Asia is yet to be confirmed but may be slated for sometime in June or July of this year.<\/p>\n

For more information, please click here<\/a>.<\/p>\n

VideoLabs Inc. sues Netflix over Digital Video Patent Infringement<\/strong><\/h3>\n

A US based IP services company, VideoLabs Inc. along with VL Collective IP LLC has initiated legal proceedings against Netflix Inc. accusing the video streaming major of wilfully infringing \u00a0the former\u2019s patents on digital video technology.<\/p>\n

VideoLabs Inc. in its complaint stated that Netflix has wilfully infringed on atleast three of the former\u2019s patents and has until date refused to negotiate on the licensing of the patented technology.<\/p>\n

For more information, the copy of the plaint may be accessed here.<\/a><\/p>\n

Authored and Compiled by Chanda S & Vivek Basangoudar<\/strong><\/p>\n

About BIP\u2019s Patent Attorneys<\/em><\/strong><\/h3>\n

The patent news bulletin is brought to you by the patent division of BananaIP Counsels, a top patent and IP firm in India. Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP\u2019s Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, to name a few. The patent attorneys at BIP have strong technical and legal expertise in areas such as IT\/Software, Artificial Intelligence (AI), Machine Learning, Data Analytics, Electronics and Telecommunication, Mechanical, Automotive, Green Energy, Traditional Medicine and Bio\/Pharma domains. The firm is a first choice for clients looking for support in patent filing, prosecution, management and strategy in India, and across the world.<\/em><\/p>\n

This weekly patent news bulletin is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and backlink to the source.<\/em><\/p>\n

If you have any questions, or need any clarifications, please feel free to write to\u00a0<\/em>contact@bananaip.com<\/a><\/p>\n

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP\u2019s reporters may not have verified all the news published in the bulletin. You may write to contact@bananaip.com<\/a> for corrections and take down.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

This week\u2019s bulletin highlights the absence of a single leader in 5G technology as found by the USPTO and the notification of key IPR rules by the Delhi High Court. It also covers major international patent disputes and recent legal updates relevant to patent enforcement and policy.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":11,"footnotes":""},"categories":[6,14],"tags":[8413,486,834,11566,16,2280,108,1121],"class_list":["post-87185","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-patents","tag-5g-technology","tag-delhi-high-court","tag-frand-licensing","tag-ipr-rules","tag-patent-infringement-2","tag-patent-news","tag-uspto","tag-wipo"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/87185","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=87185"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/87185\/revisions"}],"predecessor-version":[{"id":142705,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/87185\/revisions\/142705"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=87185"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=87185"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=87185"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}