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Kidon IP

Disclosures And Enforceability Of Standard-Essential Patents (Part 3 of 7)

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DISCLOSURES AND ENFORCEABILITY OF SEPS - Beyond the SDO IPRs policies themselves, disclosures of standard essential patents in the SDO context are also influenced by legal developments, and in particular by antitrust...more

BCLP

Antitrust Guidance by the Justice Department for Higher Education Institutions non-Standard Essential Patents Pool Reveals A Path...

BCLP on

The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”)....more

Ladas & Parry LLP

Federal Trade Commission V. Qualcomm Incorporated

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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

Kidon IP

Apple Throws an Ally under the Bus Again – The Case of the IEEE

Kidon IP on

Earlier this month the U.S. Department of Justice issued an updated Business Review Letter (BRL) for the IEEE patent policy.   The new letter offers an important clarification on how antitrust analysis of standards...more

K&L Gates LLP

Ninth Circuit Overturns FTC-Requested Injunction Against Refusal To License Standard Essential Patents

K&L Gates LLP on

In a decision that is potentially important for licensors as well as licensees of standard essential patents (SEPs), a panel of the Ninth Circuit has vacated an injunction that the U.S. District Court for the Northern...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

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

McDermott Will & Emery

Standard Essential Patent Licensing Practices Do Not Violate Antitrust Laws

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit vacated a district court decision that found Qualcomm’s patent licensing practices violate antitrust laws and reversed a permanent, worldwide injunction against several of...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

Mintz - Intellectual Property Viewpoints

Out with the old, and in with the new: joint policy statement and recent cases confirm that injunctive relief on...

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

Hogan Lovells

Standard Essential Patent Update – August 2019

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Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United...more

Orrick - Antitrust Watch

Whistling in the Wind? DOJ’s Unusual Statement of Interest in FTC v. Qualcomm Case Highlights Disparity Between U.S. Antitrust...

In a highly unusual move, the U.S. Department of Justice Antitrust Division (DOJ) recently filed a statement of interest in the Federal Trade Commission (FTC)’s unfair competition case against Qualcomm....more

Hogan Lovells

Standard Essential Patent Update – December 2018

Hogan Lovells on

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, Germany, Japan, the United Kingdom, and the United States. ...more

McDermott Will & Emery

FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case

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Recently, a federal district court in California granted partial summary judgment for the US Federal Trade Commission (FTC) in an important intellectual property and antitrust case involving standard essential patents (SEP)....more

Foley & Lardner LLP

DOJ and FTC Signal Shifts in Antitrust Enforcement of Essential Patent Disputes

Foley & Lardner LLP on

Recent public statements from Makan Delrahim, Assistant United States Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), and Joseph Simons, Federal Trade Commission (FTC) Chairman, indicate...more

Akin Gump Strauss Hauer & Feld LLP

Assistant Attorney General Makan Delrahim Signals Shift in Antitrust/IP Focus

• Assistant Attorney General (AAG) Makan Delrahim, the new head of the Antitrust Division of the Department of Justice (DOJ), recently announced a shift from the prior Administration’s focus on the dangers of patent “hold-up”...more

McDermott Will & Emery

THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property...

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WHAT HAPPENED - ..On Friday, October 13, acting FTC chairman Maureen Ohlhausen delivered a speech at the Hillsdale College Free Market Forum titled, “Markets, Government, and the Common Good,” highlighting her view on the...more

Patterson Belknap Webb & Tyler LLP

Qualcomm Loses Bid to Dismiss FTC’s Chip Monopoly Suit

Last Monday, the court denied Qualcomm, Inc.’s motion to dismiss the Federal Trade Commission’s suit against it for allegedly using anticompetitive tactics to maintain a monopoly in baseband modem chips for cell phones. ...more

Perkins Coie

Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

Perkins Coie on

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing...more

Holland & Knight LLP

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

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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

Perkins Coie

New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent Practices

Perkins Coie on

The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more

Patterson Belknap Webb & Tyler LLP

FTC Sues Qualcomm for Using Anticompetitive Tactics to Maintain Chip Monopoly

Last week, the FTC filed a complaint against Qualcomm, a manufacturer of baseband processors, which are chips included in cell phones and other products with cellular connectivity that allow the devices to connect to cell...more

Kelley Drye & Warren LLP

Microsoft And Google Resolve FRAND And Other Patent Disputes

Microsoft and Google announced that they have settled their global patent disputes, including the litigation underlying the FRAND dispute that gave rise to Judge Robart’s first-of-its-kind decision on determining a FRAND...more

Kelley Drye & Warren LLP

ITC Finds Nokia Does Not Infringe Interdigital Patents, So Does Not Address FRAND Issues (337-TA-613)

On Friday, the U.S. International Trade Commission issued a Notice on its review of Judge Essex’s decision in the InterDigital v. Nokia investigation and found that Nokia did not infringe InterDigital’s 3GPP patents (see our...more

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