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U.S. International Trade Commission Addresses Use of Standard-Essential Patents in Section 337 Investigations

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more

Foreign Trade Antitrust Improvements Act Defeats Claim Against Holder Of Patent Incorporated Into Industry Standard

Plaintiff alleged that defendants, which were affiliates of each other, held patents that were essential for plaintiff to manufacture and market USB 3.0 connectors that complied with a standard adopted by the industry for...more

Business Litigation Report -- March 2013

In This Issue: - Firm News: Quinn Emanuel Recognized as a “2013 Go-To Law Firm for Top 500 Companies” and Quinn Emanuel Named Law360 Class Action Practice Group of the Year - Main...more

Standard Essential Patents Come Under Scrutiny of the DOJ, FTC, and PTO

Introduction - Increased public and regulatory attention has been recently given to litigation remedies available to standard essential patent (“SEP”) holders who have committed to offer patent licenses on fair,...more

Court Finds No Inference of Conspiracy Arising From Members of Standard Setting Organization Pursuing Self Interest In Refusing To...

The Massachusetts United States District Court granted a Rule 12(b)(6) motion dismissing antitrust claims brought under Section 1 of the Sherman Act by a company that had invented a new technology for testing metallic...more

Proposed Remedies in the Midst of the Patent Wars: EU and US Antitrust Watchdogs Push to Strengthen FRAND in Standard Setting

Chief Economists from the US Federal Trade Commission, the US Department of Justice and the EU Directorate General for Competition, have agreed on a set of four, non-binding suggestions that should—if followed by...more

FRAND and Injunctive Relief: Exploring a Standard-Essential Patent Owner’s Right to Injunctive Relief

Introduction - Often, an industry-adopted technical standard includes technology covered by patents, and the owners of these patents agree to license the patents on fair, reasonable, and non-discriminatory (FRAND) terms as...more

FRAND Defence in German Courts: Remedy Against Standard-Essential Patents?

Standard setting is considered an inevitable process nowadays. It enables the interoperability of products and services from different vendors. The telecommunication sector, for example, is heavily penetrated by standards,...more

Smartphone Wars Arms Race - FRAND Limitations on Patent Deployment

The patent wars raging in the global technology sector show no signs of a ceasefire. If anything, the tempo is increasing. The sector is currently seeing a wave of acquisitions of massive multi-billion dollar patent...more

Patents & Standardisation: Are SSO-IPR policies and effective remedy to the hold-up problem?

Patents & Standardisation: Are SSO IPR-Policies and effective remedy to the hold-up problem? Keywords: Standard setting and patents, Standard setting organizations, hold-up problem, patent ambush, FRAND-licensing,...more

Patents and Standardisation: Are SSO-IPR policies an effective remedy to the hold-up problem?

Patents and Standardisation: Are SSO-IPR policies an effective remedy to the hold-up problem? Keywords: standard setting and patents, standard setting organisations, patent ambush, hold-up problem, FRAND license,...more

Third Circuit Finds False FRAND Commitments Actionable Under the Antitrust Laws

Last week, the Third Circuit held that in a consensus-oriented private standard setting environment, a patent holder’s intentionally false promise to license essential proprietary technology on fair, reasonable and...more

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