July has just ended, and SEP and FRAND issues are in the air. On July 8, the Japan Fair Trade Commission (JFTC) sought public comments on its proposed amendments to its Guidelines for the Use of Intellectual Property under...more
8/5/2015
/ Appeals ,
Breach of Contract ,
Damages ,
FRAND ,
Good Faith ,
IEEE ,
Injunctive Relief ,
International Trade Commission (ITC) ,
Jurisdiction ,
Microsoft ,
Motorola ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
RAND ,
Standard Essential Patents ,
Xbox
Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that the collection of royalties after a patent’s expiration constitutes per se patent misuse. Brulotte has been widely criticized as economically...more
6/24/2015
/ Brulotte ,
Corporate Counsel ,
Kimble v Marvel Enterprises ,
Marvel Comics ,
Patent Act ,
Patent Royalties ,
Patent Terms ,
Patents ,
Popular ,
Royalties ,
SCOTUS ,
Stare Decisis ,
Young Lawyers
What is RAND? It’s a simple question. Given the ubiquity of the term, one would think that the answer would be clear. After all, standard-setting organizations (“SSOs”) around the world require patent holders to declare their...more
Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that the collection of royalties after a patent’s expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies, and the...more