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FRAND

Morrison & Foerster LLP

Charting A New Course For Antitrust: President Biden’s Executive Order Promoting Competition In The American Economy

On July 9, 2021, President Biden signed a sweeping executive order (EO) creating a “whole-of-government competition policy” that directs more than a dozen federal agencies to work in concert with the Department of Justice...more

Mintz - Intellectual Property Viewpoints

Supreme Court Hammers Final Nail in the IP Bridge v. TCL Coffin

On Monday, the Supreme Court denied TCL Communication’s certiorari petition, without comment, appealing the Federal Circuit’s ruling that the essentiality of a patent claim is a question for the jury rather than judges to...more

MoFo Tech

Recent Developments Regarding Patent Injunctions In Germany

MoFo Tech on

The German patent system has repeatedly proven to provide reliable and effective means to enforce patent rights against infringers. There are three key reasons why the German patent system is so attractive for patentees when...more

Kidon IP

Cars or Car-tels?

Kidon IP on

In high tech, famous OEMs have a long history of playing fast and loose with the antitrust laws while complaining about SEP owners’ alleged antitrust abuse. The trend has expanded to include Amazon, Uber and others with...more

Orrick, Herrington & Sutcliffe LLP

German Parliament Adopts Patent Act Amendment

One of the most hotly debated topics in the German patent community in recent years has been if, and to what extent, the legislature should limit the availability of injunctive relief. To date, it has been the invariable...more

Jones Day

Chinese Court Enforces Mandatory Licensing for "Essential Facility" Patents in Antitrust Case

Jones Day on

The Development: China's Ningbo Intermediate People's Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron...more

Akin Gump Strauss Hauer & Feld LLP

Nokia and Daimler Settle Standard-Essential Patent Licensing Dispute, Potentially Impacting Auto-Industry FRAND Licensing

Key Points - This settlement resolves multiple German lawsuits Nokia filed against Daimler asserting SEPs and Daimler’s complaint against Nokia before the European Commission. - Daimler argued Nokia’s licensing...more

Bryan Cave Leighton Paisner

Antitrust Guidance by the Justice Department for Higher Education Institutions non-Standard Essential Patents Pool Reveals A Path...

The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”)....more

Kidon IP

The IEEE Ill-Advised 2015 IP Policy Continues to Fail

Kidon IP on

The IEEE’s spectacularly misguided 2015 revisions to its IP policy continues to disappoint (I addressed them a number of times previously). For those who are following the situation there are a number of interesting new...more

Kidon IP

Implementer Subterfuge Comes to Japan

Kidon IP on

There is something about standard essential patents that encourages subterfuge by implementers. Typically, SEP net licensees like to complain that SEP owners violate FRAND by hiding comparable licenses behind NDAs – when in...more

Kidon IP

The Patent Litigation Money Pit

Kidon IP on

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

Robins Kaplan LLP

[Webinar] Navigating Unique Challenges Of Cross-Border Standard Essential Patent and FRAND Litigation: What Patent Holders and...

Robins Kaplan LLP on

The licensing of standard essential patents is a global issue which requires an understanding of the different jurisdictions in play. In this session, participants will gain an understanding of decisions in Unwired Planet v....more

Morgan Lewis

Recent Developments in Competition Law and SEP Licensing in Europe and Their Effect on the Automotive Industry

Morgan Lewis on

The development of connected automobiles crystallizes the tensions between intellectual property law and competition law that have existed for years, particularly in the area of standard essential patents (SEPs). ...more

JAMS

FRAND License Disputes: Litigation and ADR

JAMS on

A party to a dispute making a conscious decision whether to litigate or arbitrate does not occur as often as some might think. The decision is often made by the circumstances. If a dispute arises regarding a license or other...more

McDermott Will & Emery

Special Report - 2020 IP Law Year in Review - European Issues

McDermott Will & Emery on

From a German perspective, 2020 saw highly interesting developments that may well have an impact even beyond the borders of Germany. For example, the Federal Court of Justice (Bundesgerichtshof) in Sisvel v. Haier handed down...more

WilmerHale

U.S. Courts Have Limited Ability To Set FRAND Rates Globally

WilmerHale on

U.S. courts have correctly recognized that, absent the agreement of the potential licensee to be bound by a portfoliowide determination, they lack authority to resolve global FRAND disputes because they cannot compel a party...more

Ladas & Parry LLP

UK Supreme Court Decisions in Unwired Planet V Huawei and Hauwei V. Conversant

Ladas & Parry LLP on

On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: 1. Whether the...more

McDermott Will & Emery

[Virtual Event] 9th McDermott International Japan Seminar Series - January 21st - February 4th, 10:00 am - 11:00 am JST

In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person,...more

MoFo Tech

Huawei v. ZTE Revisited – German Automotive Patent Wars To Reshape Sep Litigation In Europe

MoFo Tech on

On November 26, the Dusseldorf Regional Court handed down a long awaited decision in the so-called automotive patent wars (case ID 4c O 17/19). The court referred heatedly debated questions in connection with the enforcement...more

White & Case LLP

Ongoing Appeals May Shape How Juries and Courts Determine Patent Royalties

White & Case LLP on

A patent holder that prevails in a patent infringement suit is entitled to either lost profits or a reasonable royalty. A reasonable royalty calculation often implicates the infringing product's revenues (the "royalty...more

Kidon IP

IEEE and ANSI Reach Agreement to Conceal Negative Letters of Assurance

Kidon IP on

I’ve written here before about the broad adverse effects of the 2015 IEEE patent-devaluing policy. In September this year, the U.S. Department of Justice (DOJ) also picked up on these effects in a supplemental business review...more

Hogan Lovells

Faster, greener and more digital: The EU Commission's IP strategy as a focal point for trends in antitrust law

Hogan Lovells on

On November 25, 2020, the EU Commission adopted an action plan for intellectual property to promote recovery and resilience in the EU – its plan for a new IP strategy. The focus is not only on the protection of, but the...more

Mintz - Intellectual Property Viewpoints

Is This Seat Taken? A Chinese IP Court Proclaims Its Authority to Declare Global FRAND Terms

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

Proskauer - Minding Your Business

FTC v. Qualcomm: Hypercompetitive or Anticompetitive?

On August 11, 2020, in FTC v. Qualcomm, the U.S. Court of Appeals for the Ninth Circuit reversed a May 21, 2019 judgment by the U.S. District Court for the Northern District of California and vacated the district court’s...more

Orrick - Antitrust Watch

SEP licensing in supply chains: ECJ gets opportunity for a major trend-setting decision

SEP licensing in supply chains: ECJ gets opportunity for a major trend-setting decision - In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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