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Remedies in multijurisdictional merger control: Curse or cure?

The rising number of enforcers imposing remedies in international merger control increases the level of uncertainty around whether and in what form a complex deal can be navigated through competition authorities....more

U.K. Modern Slavery Act: Five Things You Need to Know

The transparency provisions of the U.K. Modern Slavery Act went into effect on October 29. At the same time, the U.K. Government has released guidance for companies seeking to comply with the Act....more

"MOFCOM Lifts Hold-Separate Remedies for the First Time"

In late 2011 and early 2012, China’s Ministry of Commerce (MOFCOM) introduced a new and unique merger control remedy with far-reaching implications. In two separate decisions involving nearly simultaneous global acquisitions...more

US: Courts' Deference to an Arbitration Award is not Without Limits

As a matter of public policy, United States courts strongly favor alternative dispute resolution and show great deference to awards made by arbitration tribunals. However, a recent ruling by the US District Court for the...more

"New York Courts and International Arbitration Tribunals Take Varying Approaches to Corruption Issues in Commercial Disputes"

When faced with questions of corruption in a commercial dispute, New York courts and international arbitration tribunals have historically taken different approaches. In particular, questions often arise pertaining to...more

Back to school – the last year in patents: September 2015

The vexed question of how to enforce second medical use patents has dominated the headlines in the last half year. The case of Warner-Lambert v Actavis1 in the English High Court highlighted the serious difficulties...more

Court of Appeal Grants Anti-Suit Injunction

In the case of Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more

Europe's Highest Court Recently Delivered a Judgment Imposing Affirmative Duties on SEP Holders

The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)- Standards lie at the heart...more

Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola

Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more

A timely lesson: understanding how a sale contract dispute may have serious financial consequences beyond that contract alone

In the recent case of Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd ([2015] EWHC 2288 (Comm)), Mr Justice Males provided direction on the potential liability of cargo owners to shipowners where they do not take...more

New Antidumping And Countervailing Duty Petitions On Hot-Rolled Steel Flat Products From Seven Countries

For your information, on August 11, 2015 new antidumping (AD) and/or countervailing duty (CVD) petitions were filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC) on hot-rolled steel...more

Quantum Quarterly - Issue VII - 2nd Quarter 2015

An Interview with Brent C. Kaczmarek - Brent Kaczmarek is a Managing Director of Navigant Consulting Inc. and leads the firm’s International Arbitration group from its Washington D.C., office. Brent serves as an expert...more

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

"Irreconcilable Clash" of Jurisdictions

James Petter was a U.K.-based senior employee of the U.K. subsidiary of a U.S. company. As part of his compensation package, he was awarded restricted stock units (RSU) under the U.S. parent’s plan. The plan contained an...more

ECJ rips up Orange Book! New standards in Europe for SEP injunctions

Standards lie at the heart of the digital economy – without standards, we would not have smartphones, tablets and other key parts of modern life. Europe’s highest court recently delivered a judgment in Huawei v. ZTE1...more

EU’s Highest Court Confirms that Seeking an Injunction for SEPs May Constitute an Abuse of a Dominant Position

On July 16, 2015, the EU's highest court, the Court of Justice, rendered its long-awaited ruling on whether seeking an injunction for a standard-essential patent ("SEP") against an alleged patent infringer constitutes an...more

EU Court: Standard Essential Patent Owners May Be Abusing Dominance

On July 16, the European Court of Justice issued a decision stating that standard essential patent (“SEP”) owners that seek injunctions against companies willing to license intellectual property on fair and reasonable terms...more

The Mitigation Conundrum

The English court has recently clarified the principles of the duty to mitigate loss. The decision in Thai Airways International plc v KI Holdings Co Ltd [2015] EWHC 1250 (Comm) highlights why an innocent party should...more

European Union High Court Gives Guidance On Seeking Injunctive Relief On FRAND-Encumbered Seps (Huawei V. ZTE)

Today, a European Union high court issued a ruling that provides guidance on what steps the owner of a FRAND-encumbered patent that may be essential to a standard should take before seeking injunctive relief. The court also...more

CJEU Ruling In Huawei/ZTE Leaves The Door Open To Injunctive Relief In SEP Litigation

The Court of Justice of the European Union (CJEU) today handed down its much-awaited decision in the Huawei v. ZTE dispute, in which it was asked to clarify whether and when standard essential patent (SEP) owners may seek and...more

EU Litigation Update - June 2015

Recognition and Enforcement of Arbitral Awards in Russia: Recent Developments. Recent decisions concerning the enforcement of international arbitration awards in Russian courts have yielded mixed results. Russian courts have...more

Landmark Supreme Court ruling on default clauses and damages: Bunge SA v Nidera BV

The decision has been long awaited. In its landmark unanimous ruling handed down on 1 July 2015, The Supreme Court laid down clear guidance on the assessment of damages arising out of a wrongful repudiation of a contract for...more

Focus on the practical consequences of the ECJ’s Gazprom decision

Arbitral tribunal, state court – who is allowed to decide? Where a dispute concerns conflicting decisions made by courts of EU Member States one of the first things that springs to mind is “Council Regulation (EC) No...more

"The Fracturing of Global FRAND Patent Licensing"

Standard essential patent (SEP) owners have long licensed their patent portfolios, including both SEPs and non-SEPs, on a global basis. But recent divergence, including in China and other jurisdictions, regarding what royalty...more

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