Replies to post #56185 on XpresSpa Group Inc (XSPA)

[WALKERPLUS5]

EVENTS

Dutch court rejects claims ZTE








29 October 2014





0

in

Share
.
In its decision of October 24, 2014 the President of the District Court The Hague rejected the request by ZTE Corporation, ZTE Deutschland and ZTE Netherlands (“ZTE”) to order Vringo Infrastructure Inc. (“Vringo”) to stop the border detention measures based on the Anti Piracy Regulation and to release ZTE’s UMTS-products that were detained by Dutch customs in Rotterdam. Click to read the Dutch or the English version of the decision.
Vringo, represented by Hoyng Monegier, is the owner of a portfolio of patents relating to 2G/3G/4G telecommunication equipment. The portfolio was transferred to Vringo by Nokia Corporation (“Nokia”). Nokia and thereafter Vringo have offered ZTE a license under the standard essential patents (SEPs) in this portfolio under “fair reasonable and non-discriminatory” (FRAND) conditions. Despite these offers, ZTE did not conclude a license agreement.

Starting in 2012, Vringo has instituted multiple infringement proceedings against ZTE, including in Germany, France, the UK, India, Brazil and recently in The Netherlands. In December 2013, the Landgericht Mannheim issued an injunction against ZTE to stop infringement of one of Vringo’s patents (“EP 119”).

On the basis of EP119, Dutch customs recently detained a number of ZTE’s UMTS-infrastructure products. In preliminary injunction proceedings instituted at the District Court The Hague, ZTE requested the release of these products and a prohibition against further border detention measures.
Referring to the recent decisions by the European Commission in the Motorola- and Samsung-cases, ZTE argued that Vringo’s enforcement measures violated its FRAND-obligations and constituted an abuse of a dominant position in accordance with article 102 EU-Treaty. The President disagreed and distinguished the case from the Motorola-case, in which Apple had been considered “willing” to conclude a license under FRAND-conditions. The President did not agree with ZTE that it could equally be considered a “willing licensee” stating that it could not be assumed for now that ZTE is in genuine pursuit of a license. The President also concluded that ZTE’s invalidity – and non-infringement arguments could not result in the release of the detained UMTS-products.

Following the detention of the products by customs, Vringo has started proceedings on the merits at the District Court The Hague in which the destruction of the detained products is requested. These proceedings are still pending. ZTE has until November 21, 2014 to appeal the decision of the President in the preliminary injunction proceedings.
The Hoyng Monegier team in Amsterdam acting for Vringo consists of Bart van den Broek, Frank Eijsvogels, David Owen, Robin van Kleeff and Andrew Lin. Vringo is also represented by other offices of Hoyng Monegier, including by our office in Madrid.
.






Life Sciences Summit - Amsterdam, The Netherlands - 13 November 2014


Willem Hoyng is invited to speak at the Life Sciences summit in Amsterdam. He will cover the following topic "how to prepare for the new litigation era".


BMM celebrates its 40th birthday - 's Hertogenbosch, the Netherlands - 6 and 7 november 2014


Fabienne Brison will speak about copyright infringement in music during BMM's anniversary meeting on 6 and 7 November 2014.


Masterclass Patents: 3D printing and IP rights - Utrecht, the Netherlands - 12 November 2014


Willem Hoyng will preside a patents masterclass on 3D printing in Utrecht on 12 November 2014.


15th Open Forum of the International Federation of Intellectual Property Attorneys - Barcelona, Spain - 7 November 2014


On Friday 7 November 2014, Simon Dack (Hoyng Monegier Amsterdam) will be acting as moderator in a workshop on the Unified Patent Court, held at the 15th Open Forum of the International Federation of Intellectual Property Attorneys, in Barcelona (Spain).





News





Dutch Court rejects claims ZTE - 29 October 2014


Hoyng Monegier obtains victory before Boards of Appeal European Patent Office - 17 October 2014


Cross-border win for Hunter Douglas in Ado Trademark entitlement dispute - 1 October 2014


Hoyng Monegier obtains an ex parte injunction by the Spanish Court against Bayer Hispania for patent infringement - 20 August 2014


Hoyng Monegier obtains another important victory for Imperial Tobacco - 10 april 2014


More
.


Disclaimer
General conditions
Privacy policy

[JJSeabrook]

www.hoyngmonegier.com/article/20141030/dutch-court-rejects-claims-zte


acrazjo Member Level Thursday, 10/30/14 12:08:58 PM
Re: JJSeabrook post# 56146
Post # of 56187
Just saw this headline on Google Finance, unfortunately I can't open it on my computer. Help!




Hoyng Monegier LLP | Dutch court rejects claims ZTE

Sorry , that is all I have for a headline. Joe

[dam78]

DUTCH COURT REJECTS CLAIMS ZTE

http://www.hoyngmonegier.com/article/20141030/dutch-court-rejects-claims-zte

http://www.hoyngmonegier.com/sites/default/files/20141024%20-%20judgment%20Court%20The%20Hague%20-vringo%20ZTE%20-%20ENG.pdf

EVENTS
DUTCH COURT REJECTS CLAIMS ZTE
29 OCTOBER 2014
0
inShare
In its decision of October 24, 2014 the President of the District Court The Hague rejected the request by ZTE Corporation, ZTE Deutschland and ZTE Netherlands (“ZTE”) to order Vringo Infrastructure Inc. (“Vringo”) to stop the border detention measures based on the Anti Piracy Regulation and to release ZTE’s UMTS-products that were detained by Dutch customs in Rotterdam. Click to read the Dutch or the English version of the decision.
Vringo, represented by Hoyng Monegier, is the owner of a portfolio of patents relating to 2G/3G/4G telecommunication equipment. The portfolio was transferred to Vringo by Nokia Corporation (“Nokia”). Nokia and thereafter Vringo have offered ZTE a license under the standard essential patents (SEPs) in this portfolio under “fair reasonable and non-discriminatory” (FRAND) conditions. Despite these offers, ZTE did not conclude a license agreement.

Starting in 2012, Vringo has instituted multiple infringement proceedings against ZTE, including in Germany, France, the UK, India, Brazil and recently in The Netherlands. In December 2013, the Landgericht Mannheim issued an injunction against ZTE to stop infringement of one of Vringo’s patents (“EP 119”).

On the basis of EP119, Dutch customs recently detained a number of ZTE’s UMTS-infrastructure products. In preliminary injunction proceedings instituted at the District Court The Hague, ZTE requested the release of these products and a prohibition against further border detention measures.
Referring to the recent decisions by the European Commission in the Motorola- and Samsung-cases, ZTE argued that Vringo’s enforcement measures violated its FRAND-obligations and constituted an abuse of a dominant position in accordance with article 102 EU-Treaty. The President disagreed and distinguished the case from the Motorola-case, in which Apple had been considered “willing” to conclude a license under FRAND-conditions. The President did not agree with ZTE that it could equally be considered a “willing licensee” stating that it could not be assumed for now that ZTE is in genuine pursuit of a license. The President also concluded that ZTE’s invalidity – and non-infringement arguments could not result in the release of the detained UMTS-products.

Following the detention of the products by customs, Vringo has started proceedings on the merits at the District Court The Hague in which the destruction of the detained products is requested. These proceedings are still pending. ZTE has until November 21, 2014 to appeal the decision of the President in the preliminary injunction proceedings.
The Hoyng Monegier team in Amsterdam acting for Vringo consists of Bart van den Broek, Frank Eijsvogels, David Owen, Robin van Kleeff and Andrew Lin. Vringo is also represented by other offices of Hoyng Monegier, including by our office in Madrid.