It is no secret that the misappropriation of trade secrets frequently occurs outside the United States. In a global economy, where companies have locations and markets all around the world, it is not uncommon for trade...more
Last week, Sun Patent Trust sued Xiaomi in France for infringement of patents claimed to be essential to the LTE-Advanced standard. In its suit, Sun Patent Trust asked French courts to set a global FRAND rate—something that...more
A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management before filing a trade secret lawsuit, and also highlights some important...more
Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular...more
Amid the continuing threat to U.S. intellectual property rights posed by foreign actors, the International Trade Commission (ITC) is poised to become the latest federal agency to bolster protections for U.S. IP owners. The...more
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
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
As noted in our previous post, the U.S. Patent and Trademark Office (USPTO) published a request for comments for a list of questions regarding Artificial Intelligence (AI) Patent Issues in the Federal Register on August 21,...more
In a recent decision clarifying the legal standards of the International Trade Commission’s domestic industry requirement, the Commission has upheld, with modified reasoning, Chief Administrative Law Judge Bullock’s initial...more
11/11/2019
/ Administrative Law Judge (ALJ) ,
Domestic Industry Requirement ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Multinationals ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Threshold Requirements
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
Litigation involving standard-essential patents (“SEPs”) is on the rise. The now longstanding and disturbing impact of efficient infringement by recalcitrant implementers is the predominant cause of the increase. As many...more
Recently, Chief Administrative Law Judge (“CALJ”) Bullock of the U.S. International Trade Commission (“ITC”), in Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337-TA-1123, Order No. 77, suggested that...more
Artificial Intelligence (AI) is increasingly becoming important across a diverse spectrum of technologies and businesses. As AI grows in importance in business and technology, so too grows the number of patent applications...more
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
The intersection of artificial intelligence (AI) and intellectual property invokes fascinating theoretical questions. For example, can a machine own an invention? Or be liable for the consequences of its actions? However,...more
6/11/2019
/ Artificial Intelligence ,
Computer-Related Inventions ,
Innovation ,
Intellectual Property Protection ,
Israel ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Research and Development ,
Technology Sector ,
Venture Capital
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
Just when observers thought Qualcomm could celebrate its successful litigation with Apple another decision has come down which could have major implications for Qualcomm’s business going forward.
In much-anticipated 233-page...more
5/28/2019
/ Antitrust Litigation ,
FRAND ,
Intellectual Property Protection ,
IP License ,
Monopolization ,
Patent Litigation ,
Patents ,
Popular ,
Qualcomm ,
Sherman Act ,
Standard Essential Patents ,
Telecommunications
Recently, in Godo Kaisha IP Bridge 1 v. TCL Commc’n Tech. Holdings Ltd., the Delaware District Court awarded the prevailing plaintiff in a patent infringement suit an ongoing royalty that covers not only the products...more
On March 26, 2019, the International Trade Commission issued its Final Determination in Certain Mobile Electronic Devices and Radio Frequency and Process Components Thereof, 337-TA-1065. The 1065 Investigation is one 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
As we mentioned in December, the International Trade Commission issued a notice to review the Final Initial Determination and Recommended Determination issued by Administrative Law Judge Pender in Certain Mobile Electronic...more
3/14/2019
/ Administrative Law Judge (ALJ) ,
Apple ,
Competition ,
Customs and Border Protection ,
Exclusion Orders ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Manufacturers ,
Monopolization ,
Patent Infringement ,
Public Interest ,
Qualcomm ,
Semiconductors
There is a common misconception the domestic industry economic prong requirement is insurmountable and an unknowable factor in a patent infringement action at the International Trade Commission (“ITC” or “Commission”),...more
As anticipated, on December 12, 2018, the International Trade Commission (“ITC”) issued a notice to review the Final Initial Determination and Recommended Determination (“FID”) issued by Administrative Law Judge (“ALJ”)...more
12/17/2018
/ Administrative Law Judge (ALJ) ,
Apple ,
Competition ,
Exclusion Orders ,
Federal Trade Commission (FTC) ,
Imports ,
Infringement ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Manufacturers ,
Monopolization ,
Patent Infringement ,
Qualcomm ,
Semiconductors