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
11/14/2023
/ Foreign Jurisdictions ,
Intellectual Property Protection ,
NIST ,
Patent Infringement ,
Patents ,
Popular ,
Regulatory Standards ,
Small and Medium-Sized Enterprises (SMEs) ,
Standard Essential Patents ,
TRIPS Agreement ,
U.S. Commerce Department ,
USPTO ,
WTO
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
This Summer, the European Commission asked for comments on the proposed regulations that are wending their way through the European Parliament (see, e.g.), and I (here for mine) and some 150 other individual and entities...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
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
Finally, other than various state law trespass and common law claims, the most common form of protection for software is a simple contract. Unlike free and open source software, most commercial software products are...more
Today our guest is Daryl Lim. Daryl is the H. Laddie Montague Jr. Chair in Law at Penn State Dickinson Law and Co-Hire at the Institute of Computational and Data Sciences at Penn State University. He also serves as Associate...more
7/14/2022
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
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 interview is with Dragos Vilau, founder of Vilau | Associates in Romania. Dragos is an old comrade in arms from my Vringo days and was instrumental in helping develop and implement our strategy in Romania – which...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
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 the highly contentious world of SEP licensing, one of the biggest debates in recent years has been between advocates of compulsory “access to all” and the existing “license to all” Regimes. Framed as such, this is an...more
11/23/2020
/ Antitrust Violations ,
European Commission ,
FRAND ,
IEEE ,
Intellectual Property Protection ,
License Agreements ,
Licensing Rules ,
Patent Infringement ,
Patent Royalties ,
Patents ,
Popular ,
Standard Essential Patents
After a bench trial, the Eastern District of Virginia found Cisco to have willfully infringed patents owned by Centripetal Networks Inc., a small operating company, and awarded a judgment of $1.9 billion dollars. Cisco,...more
Apple and the Fearsome five are doing it again. The same people who pushed the fallacious “troll bogeyman”; engaged in PTAB proxy warfare, seemingly immunized by the “real party in interest doctrine”; invented the...more
8/24/2020
/ Amicus Briefs ,
Antitrust Litigation ,
App Developers ,
Apple ,
FRAND ,
IP License ,
Lenovo ,
Mobile Apps ,
Motion to Dismiss ,
Patent Infringement ,
Patent Royalties ,
Patents ,
Qualcomm ,
Standard Essential Patents ,
Trade Associations ,
Willful Infringement
Recently, the Department of Justice issued a business review letter (BRL) relating to Avanci’s proposed 5G licensing platform for patents declared as potentially essential owned by its globally diverse thirty eight...more
8/8/2020
/ 5G Network ,
Antitrust Litigation ,
Business Review Letters ,
Department of Justice (DOJ) ,
End-Users ,
European Commission ,
IEEE ,
IP License ,
Online Platforms ,
Patent Exhaustion ,
Patent Infringement ,
Patent Registration ,
Patent Royalties ,
Patents ,
Popular ,
Standard Essential Patents
It seems that Unified Patent’s year plus PR campaign against HEVC assets in the US has run out of steam. While their COO’s incoherent rants about Velos Media may be amusing, as I detailed earlier the campaign was misguided...more
This post will provide an overview of key IP issues encountered when dealing with employees and independent contractors. We will cover the default ownership rules and rights for different types of IP and some tips on how to...more
7/29/2020
/ Assignment of Inventions ,
Copyright ,
Copyright Ownership ,
Employee Handbooks ,
Employee Inventors ,
Employer Rights ,
Employment Policies ,
Independent Contractors ,
Intellectual Property Protection ,
IP License ,
Ownership of Works ,
Ownership Requirements ,
Patent Infringement ,
Patent Ownership ,
Patents ,
Transfer of Interest ,
Work-For-Hire
If the patent demand letter situation escalates and you may be sued for infringement, you have options to consider.
1. Consider filing a lawsuit for declaratory judgment (DJ).
In certain cases you may file a lawsuit...more
If you receive a patent demand letter, you can choose from many courses of action, but each has pros and cons. Today we will discuss some immediate considerations to consider....more
While not as prevalent as it may have been in the go-go days of the early 2000s, in certain industries in the United States, it is only a matter of time before a company will receive a patent demand or cease and desist...more
Previously we discussed a Unified Patents’ article, the “FRAND SCAM” fails to address many key points. But worse than these sins of omission, the article goes so far as to make some outlandish misrepresentations about the...more