4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
Propel: Standard Essential Patents and the self-driving industry
SEP Litigation and the Internet of Things
Podcast: IP(DC): 5G for the C-Suite: Patent Hold-Up or Hold-Out?
You May Be Exhausted Over Standard Essential Patents (And Not Even Know It)
Podcast: Conductive Discussions: Recent FRAND & Trade Secret Enforcement Trends Affecting the Semiconductor Industry
Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more
Key Points - The co-legislators of the EU have provisionally agreed on new rules to limit the market power of big technology platforms. The provisionally agreed-upon text1 of the Digital Markets Act (DMA) establishes...more
I submitted comments to the US Department of Justice’s call for comments that we previously discussed. Since they are rather long, I have decided to serialize them over a series of shorter posts....more
In remarks on September 29, 2021, a senior official from the Department of Justice Antitrust Division (DOJ) outlined the agency’s shift in approach to issues surrounding technology industry standards. The remarks foreshadowed...more
On July 9, 2021, President Biden executed an Executive Order (EO) on Promoting Competition in the American Economy. This EO impacts the Intellectual Property (IP) transactions and portfolios as discussed below....more
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
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
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
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
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
The recent anti-suit injunction issued against InterDigital in its SEP litigation with Xiaomi is a somewhat predictable reaction to the recent UK Supreme Court decision against Huawei and ZTE. One of the central arguments...more
In the world of technology, Standard Setting Organizations (“SSOs”) play a crucial role in helping to facilitate innovation. They do so by creating industry standards that ensure quality and promote and enable the development...more
On August 11, 2020, the Ninth Circuit Court of Appeals reversed a decision of Judge Koh sitting in the Northern District of California that certain of Qualcomm’s business practices relating to its standards essential patents...more
EU, UK Competition, State Aid and Public Procurement Law During COVID-19 - While not the most important concern, it should be appreciated that antitrust/competition law, plus the state aid and public procurement rules,...more
In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern...more
On Monday, October 21, 2019, U.S. Senators Thom Tillis (R-NC) and Christopher A. Coons (D-DE) sent a letter to the U.S. Department of Justice pushing it to provide greater clarity as to its antitrust enforcement policy on...more
Read the latest news on antitrust, competition and economic regulation (ACER) in this Spring's edition of our quarterly ACER newsletter. ...more
Yesterday, a California federal judge ruled in favor of the Federal Trade Commission (FTC) in its suit against Qualcomm in a much-anticipated decision, concluding that Qualcomm violated the FTC Act by maintaining its monopoly...more
Skadden’s Antitrust and Competition Group and the economics firm Charles River Associates recently co-hosted the ninth annual “Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers” seminar...more
On January 11, 2019, the U.S. DOJ Antitrust Division (Division) filed a Notice of Intent to File a Statement of Interest in a lawsuit filed by u-blox against Interdigital in the U.S. District Court for the Southern District...more
As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade...more
Antitrust Division head calls for a more balanced discussion of competing interests when a standard-essential patent holder seeks an injunctive order. Overview - Assistant Attorney General Makan Derahim has announced...more
The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more
China is becoming an important battlefield in global disputes over the licensing of standard essential patents ("SEPs"). On 26 April 2018, the High People’s Court of Guangdong Province – home to many Chinese high-tech...more
A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more