A Chinese Court recently decided that it has the willingness, and jurisdiction, to set a global licensing rate that is fair, reasonable, and non-discriminatory (“FRAND”) for standard essential patents (“SEP”). In a dispute...more
12/7/2020
/ China ,
Cross-Licensing Agreement ,
FRAND ,
Injunctions ,
Intellectual Property Protection ,
IP License ,
Patent Litigation ,
Patent Portfolios ,
Patents ,
Standard Essential Patents ,
Telecommunications
Implementer Hold Out -
Another major development in global standard essential patent litigation was handed down today, as the UK Supreme Court upheld lower court rulings that forced an efficient infringer of essential...more
8/27/2020
/ ETSI ,
FRAND ,
Germany ,
Huawei ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Standard Essential Patents ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Supreme Court
The Federal Circuit yesterday, in a decision likely to be celebrated by holders of standard essential patents (“SEPs”), found that it is appropriate for the jury to decide essentiality of a patent, rather than the judge...more
Germany’s highest court has clearly and emphatically placed SEP implementers on notice that hold-out will not be tolerated, and that implementers must proactively share the burden and obligation to timely achieve a FRAND...more
7/16/2020
/ 5G Network ,
Antitrust Litigation ,
Corporate Counsel ,
FRAND ,
Germany ,
Intellectual Property Protection ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Standard Essential Patents ,
Telecommunications
Recent oral arguments at the Fed Circuit suggest that the U.S. may be taking steps which would enhance its attractiveness for SEP patent holders looking to resolve licensing disputes. The Federal Circuit heard oral argument...more
After its recent ruling in Sisvel’s favor, Germany’s highest court on patent matters is expected to issue a highly favorable and detailed decision for standard-essential patent (SEP) owners seeking to prevent patent...more
The adoption of multiple, standardized technologies looms on the horizon. This presents the challenge of balancing innovator’s intellectual property rights with implementer’s desire for fair access to technology. As more...more
11/5/2019
/ China ,
FRAND ,
Germany ,
India ,
Injunctive Relief ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
IP License ,
Netherlands ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Standard Essential Patents ,
UK Supreme Court
Calculating royalty rates as part of a patent dispute often becomes a hotly-disputed issue, where opposing economic theories from expert witnesses are pinned against one another. As a litigant, care must be taken when...more
A recent decision in the Eastern District of Texas should provide standard-essential patent (“SEP”) owners with more clarity and optimism when negotiating SEP licenses. Coming on the heels of Judge Koh’s decision in the FTC’s...more
6/6/2019
/ 5G Network ,
Breach of Contract ,
Ericsson ,
FRAND ,
Good Faith ,
HTC ,
Intellectual Property Protection ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Popular ,
Qualcomm ,
Royalties ,
Standard Essential Patents
A key issue in the licensing of standard essential patents (SEPs) is whether national courts have jurisdiction to determine what constitutes a global fair, reasonable, and non-discriminatory (FRAND) license rate. The Court of...more
PanOptis Patent Management, LLC (“PanOptis”) was recently awarded enhanced damages and ongoing royalties as a result of Huawei Technology Co. Ltd. (“Huawei”) infringing five of its patents, four of which were alleged to be...more
3/26/2019
/ Corporate Counsel ,
FRAND ,
Intellectual Property Protection ,
International Litigation ,
IP License ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Royalties ,
Standard Essential Patents
Yesterday, the Supreme Court held that the relevant “article of manufacture” for arriving at a damages award for design patent infringement need not be the end product sold to the consumer, but may be only a component of that...more
On February 12, 2016, the Federal Circuit Court of Appeals issued a decision confirming two important aspects of the doctrine of patent exhaustion in the anticipated en banc decision in Lexmark Int’l, Inc. v. Impression...more
On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated...more
10/5/2015
/ Abuse of Discretion ,
Apple ,
Apple v Samsung ,
Article III ,
eBay Test ,
Injunctive Relief ,
iPhone ,
Irreparable Harm ,
Nexus ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Permanent Injunctions ,
Public Interest ,
Samsung ,
Standing ,
Vacated
The Supreme Court issued its long-anticipated decision in Commil USA, LLC v. Cisco Systems, Inc. on Tuesday holding that a patent infringement defendant’s good faith belief that the patent in suit is invalid is not a defense...more
5/31/2015
/ Cisco ,
Cisco v CommilUSA ,
Good Faith ,
Honest Belief Defense ,
Induced Infringement ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Popular ,
SCOTUS
Administrative Law Judge Essex recently issued the public version of his Initial Determination in ITC investigation No. 337-TA-868, ruling that the respondents are precluded from relying on the defense that the patent holder...more