A report from the IEEE Patent Committee (PatCom) meeting suggests IEEE is considering the unprecedented step of amending FRAND commitments after they were submitted. While I can’t imagine how such action is possible, I can...more
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
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
In the highly contentious world of SEP licensing, one of the biggest debates in recent years has been between advocates of compulsory “access to all” and the existing “license to all” Regimes. Framed as such, this is an...more
I find it fascinating that lawyers and other lobbyists involved with SEPs get so worked up in their policy preferences that they start to have blinders that automatically insert their preferences into texts where those...more
On September 10, the antitrust division of US Department of Justice (DOJ) took the unusual step of revising a 2015 business review letter it had sent to the Institute of Electrical and Electronics Engineers (IEEE)....more
Earlier this month the U.S. Department of Justice issued an updated Business Review Letter (BRL) for the IEEE patent policy. The new letter offers an important clarification on how antitrust analysis of standards...more
Today, a three-judge Federal Circuit panel (Prost (author), Dyk and Hughes) issued its awaited decision in CSIRO v. Cisco that agreed-in-part and disagreed-in-part with Judge Davis’ damages award based on patents alleged to...more
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
Standard essential patent (SEP) owners have long licensed their patent portfolios, including both SEPs and non-SEPs, on a global basis. But recent divergence, including in China and other jurisdictions, regarding what royalty...more
On April 14 in Washington, DC, Global Competition Review hosted its Second Annual IP & Antitrust USA conference. The conference covered various hot topics being closely followed by IP antitrust practitioners, including (1)...more