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Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 7 of 7

On November 6, 2023 I submitted a response to the public comments which can be found here.  I have also included my comments in full on this blog in a series of posts including the below.  The only change in my submission is...more

Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 6 of 7

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is...more

Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 5 of 7

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is...more

Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 4 of 7

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is...more

Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 1 of 7

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is...more

News Alert: IEEE Gamesmanship Over FRAND (Again)

A report from the IEEE Patent Committee (PatCom) meeting suggests IEEE is considering the unprecedented step of amending FRAND commitments after they were submitted. While I can’t imagine how such action is possible, I can...more

Regulatory Capture Crosses the Atlantic

This blog has long noted that large Big Tech implementers (e.g., Apple and Google) are engaged in a long term play to incrementally drive down (to zero) their costs and knee-cap their potential competitors before they are a...more

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

CONCLUSION and Footnotes - Disclosures of potentially standard-essential patents and patent applications have for long been a topic of little interest for third parties to the collaborative standardization process. Yet,...more

Disclosures And Enforceability Of Standard-Essential Patents (Part 6 of 7)

DISCLOSURES AND ENFORCEABILITY OF SEPS IN PERSPECTIVE - The review of developments in antitrust enforcement, SEP litigation, and public policy on the issue of disclosures to SDOs reveal substantial difficulties in the...more

Disclosures And Enforceability Of Standard-Essential Patents (Part 5 of 7)

THE EU COMMISSION’S POLICY ON DISCLOSURES OF ESSENTIAL PATENTS - The European Commission has consistently, over the years, taken an active interest in standardization and the proper functioning of SDOs. The reason for...more

Disclosures And Enforceability Of Standard-Essential Patents (Part 4 of 7)

Implied Waiver in the United States - In the United States, a further complication regarding disclosures and the enforceability of SEPs resulted from a recent Federal Circuit case on “implied waiver.” The implied waiver...more

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

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

Disclosures And Enforceability Of Standard-Essential Patents (Part 2 of 7)

DISCLOSURES OF ESSENTIAL PATENTS TO SDOs: THE CASE OF ETSI - SDO IPRs policies can vary according to their goals, their membership, and the needs of the industry in which they commercialize their standards. Hence, there...more

Disclosures And Enforceability Of Standard-Essential Patents (Part 1 of 7)

I am very pleased to present the 2022 updates to my article on disclosures and enforceability of SEPs in 7 parts. The latest version will be available as soon as the 2022 version of the Licensing Update goes to print (which...more

Biden Administration Provides Guidance on Remedies for FRAND-Assured SEPs Levels the Playing Field against Big Tech and China

In December 2021, only a few days after U.S. Department of Justice AAG for Antitrust Jonathan Kanter took office, and long before the USPTO and NIST had confirmed leadership in place, the DOJ Antitrust Division unilaterally...more

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

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

Response to the US Department of Justice call for Public Comments on SEPs Part 5 of 6

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

5th Circuit’s Continental v. Avanci Decision Endorses “Access-to-all”, rejects compulsory “license-to-all”

Yesterday, the 5th Circuit issued its decision in the Continental v. Avanci Appeal, reversing the district court’s decision that Continental had standing under Article III of the Constitution. The decision finds Continental...more

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

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

Response to the US Department of Justice call for Public Comments on SEPs Part 3 of 6

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

Response to the US Department of Justice call for Public Comments on SEPs Part 2 of 6

I. Background for The Withdrawal from the 2013 Policy Statement - In December 2018, former Assistant Attorney General for Antitrust Makan Delrahim announced DOJ’s withdrawal from the 2013 Statement....more

Response to the US Department of Justice call for Public Comments on SEPs Part 1 of 6

Executive Summary - The 2013 statement was a favor to Apple and Google and was widely misinterpreted and misused (often intentionally by opportunistic infringers found by courts and/or the ITC to be “unwilling).  It was...more

Apple’s Well-Funded Efficient Infringement Tilts the Competitive Landscape

Apple’s long-term campaign to avoid paying FRAND SEP licensing fees continues unabated. In what has become a modus operendi, every time Apple’s license with a major SEP licensors – Ericsson, Nokia, Samsung, Motorola,...more

With SEP Politics Eagle Eyes are Needed, or Senator Tillis’ Watchfulness Pays Off and Comments on the Draft Policy Statement Now...

Anyone who has observed standard essential patents (SEPs) for any length of time knows quite well that behind all the legalese there is a heavy dose of politics – both foreign and domestic. Thus, it came as no surprise that...more

Cars or Car-tels?

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

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