News & Analysis as of

Standard Essential Patents Anti-Competitive

McDermott Will & Emery

European Commission Seeks Comments on Revised Horizontal Guidelines Draft

On 1 March 2022, the European Commission launched a public consultation inviting stakeholders to comment on a revised Horizontal Block Exemption Regulations on Research & Development and Specialisation (HBERs) draft, as well...more

Kidon IP

Wi-Fi Negative Letters of Assurance Contaminate and Compromise ISO 8802 Standards

Kidon IP on

Last year, I described the broad negative and anticompetitive consequences of the IEEE’s 2015 patent policy, and was pleased to see the U.S. Department of Justice’s important 2020 Business Review Letter to IEEE (“DOJ BRL”)...more

Jones Day

China Publishes Anti-Monopoly Guidelines on Intellectual Property

Jones Day on

In August 2020, the Anti-Monopoly Bureau of China's State Administration for Market Regulation released four long-awaited sets of anti-monopoly guidelines addressing issues relating to leniency, commitments, the automobile...more

Mintz - Intellectual Property Viewpoints

Another One Bites the Dust – N.D. Tex. Dismisses Antitrust Claims re FRAND Commitments with Prejudice

In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging,...more

Mintz - Intellectual Property Viewpoints

DOJ to IEEE: Yes, Injunctive Relief Should Be Available for SEPs, and Stop Saying Otherwise

Last Thursday, September 10, 2020, the U.S. Department of Justice’s Antitrust Division (“DOJ”) issued an updated Business Review Letter (“2020 Letter”) to the Institute of Electrical Electronics Engineers, Incorporated...more

Sunstein LLP

No License, No Chips: Qualcomm’s Controversial Licensing Strategy Is Not an Antitrust Violation

Sunstein LLP on

Qualcomm has for years dominated the market for cellphone chips. Its patented technologies have been included in many cellphone standards on the condition, common among standards setting organizations (SSOs), that Qualcomm...more

Hogan Lovells

Ninth Circuit rules in favor of Qualcomm, distancing antitrust law from FRAND disputes

Hogan Lovells on

On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court...more

Goodwin

No License, No Chips, No Problem: Ninth Circuit Delivers Qualcomm a Win in Antitrust Case Brought by the US Federal Trade...

Goodwin on

In a much anticipated opinion, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court decision holding that Qualcomm violated U.S. antitrust laws in its licensing of standard-essential patents in...more

Troutman Pepper

Qualcomm Loss Raises Risks for Substantial Market Participants' IP Licensing Decisions and Ability to Provide Loyalty Discounts

Troutman Pepper on

The U.S. Federal Trade Commission (FTC) convinced a California federal district court not only that Qualcomm’s longstanding intellectual property licensing practices and volume-based discounts violated the antitrust laws, but...more

White & Case LLP

FTC v. Qualcomm

White & Case LLP on

On May 21, 2019, the United States District Court for the Northern District of California found that Qualcomm violated the Federal Trade Commission (FTC) Act, in an antitrust decision significant to licensing...more

Holland & Knight LLP

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

Holland & Knight LLP on

As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more

Morrison & Foerster LLP

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more

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