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
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
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
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
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
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
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
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 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
3/2/2023
/ Disclosure ,
Enforceability ,
ETSI ,
FRAND ,
Huawei ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Standard Essential Patents ,
ZTE
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
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 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 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
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
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
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
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
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
3/1/2022
/ Article III ,
Automotive Industry ,
FRAND ,
Injury-in-Fact ,
Internet of Things ,
IP License ,
OEM ,
Reversal ,
Standard Essential Patents ,
Standing ,
Suppliers
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
2/14/2022
/ Competition ,
Department of Justice (DOJ) ,
FRAND ,
Innovation ,
Intellectual Property Protection ,
Inventions ,
IP License ,
Patents ,
Policy Statement ,
Regulatory Agenda ,
Regulatory Requirements ,
Standard Essential Patents
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
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
2/8/2022
/ Big Tech ,
Department of Justice (DOJ) ,
FRAND ,
Innovation ,
Intellectual Property Protection ,
Inventions ,
NIST ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Policy Statement ,
Public Comment ,
Standard Essential Patents ,
USPTO
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 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
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
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
6/21/2021
/ Antitrust Provisions ,
Automotive Industry ,
Cartels ,
Competition ,
Connected Cars ,
FRAND ,
Intellectual Property Protection ,
IP License ,
Monopolization ,
Royalties ,
Standard Essential Patents