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
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
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
After lots of coverage of the IEEE and a long pause, the humble blog author begs your apology for not providing the latest update – as he has been busy dealing with other pressing matters. That said, it is important to...more
Good news for those concerned about the integrity of international standards. On March 24, 2023 the International Organization for Standardization (“ISO”) / International Electrotechnical Commission (“IEC”) JTC-1 Plenary in...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
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
Our next guest is Douglas Clark, Principal and Global Head of Dispute Resolution. Doug has practiced in Asia for close to 30 years. One might even say that he is the founding father or at the least a co-founding father of...more
My next talk is with Guan Huat Khoo. I first met Guan Huat while at Vringo when I was developed a global SEP monetization campaign in which he and his firm played an important role.
Guan Huat is a litigator with over 30...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