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Standard Essential Patents Competition IP License

Kidon IP

Response to the US Department of Justice call for Public Comments on SEPs Part 4 of 6

Kidon IP on

I submitted comments to the US Department of Justice’s call for comments that we previously discussed. Since they are rather long, I have decided to serialize them over a series of shorter posts....more

Miles & Stockbridge P.C.

Promoting Competition in the American Economy Executive Order: Antitrust Is Back?

On July 9, 2021, President Biden executed an Executive Order (EO) on Promoting Competition in the American Economy. This EO impacts the Intellectual Property (IP) transactions and portfolios as discussed below....more

Kidon IP

Cars or Car-tels?

Kidon IP on

In high tech, famous OEMs have a long history of playing fast and loose with the antitrust laws while complaining about SEP owners’ alleged antitrust abuse. The trend has expanded to include Amazon, Uber and others with...more

Jones Day

Chinese Court Enforces Mandatory Licensing for "Essential Facility" Patents in Antitrust Case

Jones Day on

The Development: China's Ningbo Intermediate People's Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron...more

Morgan Lewis

Recent Developments in Competition Law and SEP Licensing in Europe and Their Effect on the Automotive Industry

Morgan Lewis on

The development of connected automobiles crystallizes the tensions between intellectual property law and competition law that have existed for years, particularly in the area of standard essential patents (SEPs). ...more

Morgan Lewis - Tech & Sourcing

UTPL University Joint Patent Licensing Program Approved

The US Department of Justice (DOJ) announced on January 13 that it had completed its review of a proposed joint patent licensing pool known as the University Technology Licensing Program (UTLP) of 15 participating...more

Mintz - Intellectual Property Viewpoints

The Art of An SEP War: A Chinese IP Court’s Recent Use of Anti-Suit Injunction Invites A Battle that It Likely Won’t Win

The recent anti-suit injunction issued against InterDigital in its SEP litigation with Xiaomi is a somewhat predictable reaction to the recent UK Supreme Court decision against Huawei and ZTE. One of the central arguments...more

Haug Partners LLP

No FRANDS in Antitrust? Qualcomm's Rejection of FRAND Violations as a Predicate to an Antitrust Violation

Haug Partners LLP on

In the world of technology, Standard Setting Organizations (“SSOs”) play a crucial role in helping to facilitate innovation. They do so by creating industry standards that ensure quality and promote and enable the development...more

Ladas & Parry LLP

Federal Trade Commission V. Qualcomm Incorporated

Ladas & Parry LLP on

On August 11, 2020, the Ninth Circuit Court of Appeals reversed a decision of Judge Koh sitting in the Northern District of California that certain of Qualcomm’s business practices relating to its standards essential patents...more

Mintz - Intellectual Property Viewpoints

Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its...

In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern...more

King & Spalding

Senators Urge DOJ to Develop Antitrust Guidance for Licensing of Standard Essential Patents

King & Spalding on

On Monday, October 21, 2019, U.S. Senators Thom Tillis (R-NC) and Christopher A. Coons (D-DE) sent a letter to the U.S. Department of Justice pushing it to provide greater clarity as to its antitrust enforcement policy on...more

Hogan Lovells

Guangdong court issues new guidance for standard essential patent disputes

Hogan Lovells on

China is becoming an important battlefield in global disputes over the licensing of standard essential patents ("SEPs"). On 26 April 2018, the High People’s Court of Guangdong Province – home to many Chinese high-tech...more

Sheppard Mullin Richter & Hampton LLP

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

Morrison & Foerster LLP

Defining “Reasonable” in RAND: A Bit of Common Sense

What is RAND? It’s a simple question. Given the ubiquity of the term, one would think that the answer would be clear. After all, standard-setting organizations (“SSOs”) around the world require patent holders to declare their...more

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