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
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
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 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
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
My next talk is with Richard Vary. I first met Richard when I joined Nokia’s in-house IP litigation team in 2007. Richard had recently joined from a prestigious law firm in London. Richard worked his way up to ultimately...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
My next talk is my old partner in IP monetization, Bineet Bhasin. I first met Bineet in 2012 while I was at Vringo and he was at iRunway and we had an extremely fruitful and fun collaboration. Today Bineet is Vice...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
David L Cohen of Kidon IP and Eric Stasik of Avvika AB in Stockholm, Sweden discuss Eric's specialty: Licensing SEPs (Standard Essential Patents) and what the rollout of 5G and the internet of things portend for the future of...more
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
Readers of this blog will understand that many of the key automotive OEMs have been refusing for quite some time to take what, by any measure, is a very reasonable license to most of the key wireless SEPs. Instead, these OEMs...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
I have written extensively about the many negative effects of the 2015 IEEE patent policy and it was gratifying to see the US Department of Justice (DOJ) acknowledging these negative effects (p9). In recent months, new data...more
Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works. A software rights owner does not have to publish, affix...more
8/12/2021
/ Berne Convention ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Ownership ,
Intellectual Property Protection ,
IP License ,
License Agreements ,
Software ,
Source Code ,
Trade Secrets
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
The IEEE’s spectacularly misguided 2015 revisions to its IP policy continues to disappoint (I addressed them a number of times previously). For those who are following the situation there are a number of interesting new...more
There is something about standard essential patents that encourages subterfuge by implementers. Typically, SEP net licensees like to complain that SEP owners violate FRAND by hiding comparable licenses behind NDAs – when in...more
Patent litigation, the Sport of Kings, does not come cheap, especially when the litigation transmogrifies into a multi-jurisdictional slugfest. When managing a global patent fight, it is important to keep the big picture in...more
3/4/2021
/ FRAND ,
Intellectual Property Protection ,
IP License ,
Litigation Fees & Costs ,
Nokia ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Royalties ,
Standard Essential Patents
In my last installment, I talked about IP audits as a way to strengthen your portfolio. Once those avenues have been exhausted, the next step is to undergo a phase of structured innovation.
Structured innovation involves...more
Some people have a visceral reaction to the word audit. They think the tax people are coming and will soon be pounding on the door. An IP audit is different; it is a voluntary process used to figure out what intellectual...more