To date, the Unified Patent Court (UPC) has not held a trial involving standard-essential patents (SEPs). However, the new forum’s Mannheim Local Division has now authored its first SEP-specific order in a case between...more
On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+...more
Implementers of standard essential patents (SEPs) continue to hold out in patent licensing discussions with SEP owners, including pursuing the cynical strategy of seeking anti-suit injunctions (ASIs). This failed strategy is...more
Innovators have long insisted that licensing discussions over standard essential patents (SEP) are one sided: implementers often “hold out” in bad faith by delaying discussions for as long as possible. The theory driving this...more
When licensing discussions with an intransigent implementer break down, SEP owners face a difficult question: what remedies are available (injunctive relief or damages) in each U.S. court (International Trade Commission and...more
12/24/2019
/ Administrative Law Judge (ALJ) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FRAND ,
Injunctive Relief ,
International Trade Commission (ITC) ,
Joint Policy Statements ,
NIST ,
Patent Infringement ,
Patents ,
Section 337 ,
Standard Essential Patents ,
USPTO ,
USTR
In a May 10, 2018 ruling, discussed earlier on this blog, Magistrate Judge Payne affirmed the jury’s willfulness finding largely on the ground that TCL did not proffer any evidence that it held a subjective, good faith belief...more
5/18/2018
/ Ericsson ,
Evidence ,
FRAND ,
Good Faith ,
Inter Partes Review (IPR) Proceeding ,
Jury Awards ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patent-in-Suit ,
Patents ,
Standard Essential Patents ,
Willful Infringement
On May 10, 2018, Magistrate Judge Payne reconsidered his previous March 2018 order which had vacated a jury award, and granted plaintiff Ericsson’s motion for reconsideration. The May ruling makes clear that the accused...more
5/16/2018
/ Contract Interpretation ,
Contract Negotiations ,
Ericsson ,
FRAND ,
Georgia Pacific ,
IP License ,
Jury Awards ,
License Agreements ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Royalties ,
Standard Essential Patents ,
Willful Infringement
For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century...more