News & Analysis as of

Patent Litigation Standard Essential Patents

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

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This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

Mintz - Intellectual Property Viewpoints

France Has Entered the Chat: Sun Patent Trust Asks French Court to Determine Global FRAND Rate for LTE-Advanced SEPs

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

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

WilmerHale on

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

American Conference Institute (ACI)

[Event] 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement - May 29th - 30th, Washington, DC

Returning to Washington in May, ACI’s 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement is your opportunity to learn from and network with key members of the ITC Bench, senior ITC Attorneys and leading...more

Kilpatrick

4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation

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Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions...more

Kilpatrick

4 Key Takeaways - Updates in Standard Essential Patent Licensing and Litigation

Kilpatrick on

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Standard Essential Patents at the PTAB: Are SEPs Faring any Differently than...

Standard-essential patents (SEPs) are on the rise. A key factor undergirding that rise is the desire for device connectivity in all things, and the fact that reliable and robust connectivity is impossible without using key...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Editors’ Introduction

A review of 2023 reveals it was an active and impactful year in shaping the policy and practice before the Patent Trial and Appeal Board (PTAB or Board) at the U.S. Patent and Trademark Office (USPTO). In fact, all three...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends

This Year in Review synthesizes key events and decisions from 2023 into a digestible guide that we hope will serve as a helpful reference for those who practice before, or adjacent to, the PTAB. As in the past, many of our...more

Akin Gump Strauss Hauer & Feld LLP

EDTX: Bad Faith FRAND Negotiations Warrant Suspension but Not Revocation of Parties’ Obligations Under French Law

The Eastern District of Texas recently addressed two significant issues related to fair, reasonable and non-discriminatory (FRAND) negotiations under French law; namely, whether: (1) an implementer is entitled to damages...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

WilmerHale on

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Smith Anderson

WHITE PAPER | Key Patent Developments of 2023

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In a noteworthy year for patent law, the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued several decisions that will shape the patent landscape and the Federal Rules of Evidence governing...more

Kidon IP

Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 1 of 7

Kidon IP on

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is...more

Axinn, Veltrop & Harkrider LLP

SEP Negotiations: The Importance of Being Will(ing)

More and more, when negotiating licenses for standard essential patents (SEPs) on fair, reasonable, and non-disciminatory (FRAND) terms, there has been an increased emphasis on the idea of a “willing" licensor or licensee....more

Kidon IP

Commentary and Concerns About the European Commission’s Proposed Regulation of SEP Licensing

Kidon IP on

This Summer, the European Commission asked for comments on the proposed regulations that are wending their way through the European Parliament (see, e.g.), and I (here for mine) and some 150 other individual and entities...more

McDermott Will & Emery

Is the Top-Down FRAND Approach Officially Trending in Europe?

McDermott Will & Emery on

The High Court of Justice in London recently issued its third judgment on a fair, reasonable and non-discriminatory (FRAND) rate for a license to cellular standard-essential patents (SEPs). In the two prior UK FRAND...more

McDermott Will & Emery

UK High Court Issues Landmark Global FRAND Rate Decision

The UK High Court of Justice issued its long-anticipated decision establishing a global Fair, Reasonable and Non-Discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G cellular technologies....more

Kidon IP

Disclosures And Enforceability Of Standard-Essential Patents (Part 6 of 7)

Kidon IP on

DISCLOSURES AND ENFORCEABILITY OF SEPS IN PERSPECTIVE - The review of developments in antitrust enforcement, SEP litigation, and public policy on the issue of disclosures to SDOs reveal substantial difficulties in the...more

Linda Liu & Partners

Current State and Emerging Challenges of SEP Licensing for Intelligent Connected Vehicles in China (II)

Linda Liu & Partners on

III. Principles and Methods Adopted by Chinese Courts for Calculating SEP Royalties in Lawsuits in the Field of Communications - 1. Regarding Justiciability of SEP License Disputes in China - Interpretation of the Supreme...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (August 29 – September 2): Capability Claims in the Modern Era

Have you ever wondered what it means when your smartphone or tablet connects to an “LTE” network? Our case of the week dives into that technology—and offers an interesting discussion of functional claim limitations and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Moderna Sues Pfizer and BioNTech over mRNA Vaccine Technology

On Friday, August 26th, Moderna Tx, Inc. and Moderna US, Inc. filed a complaint for patent infringement in Federal district court for the District of Massachusetts against Pfizer, Inc., BioNTech SE, BioNTech Manufacturing...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (July 11-15): The FRAND vs. ITC Fight That Wasn’t

Precedential opinions: 3 Non-precedential opinions: 4 Rule 36: 1 Longest pending case from argument: Lanclos v. United States, No. 21-1750 (219 days)... ...more

McDermott Will & Emery

Fifth Circuit Takes U-Turn, But Still Concludes Automotive Supplier Can’t Force SEP Holder to Issue License

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In response to a petition for panel rehearing, the US Court of Appeals for the Fifth Circuit withdrew its prior decision finding that an automotive parts supplier did not have constitutional standing to pursue an antitrust...more

Haug Partners LLP

SEP Enforcement: Has the Biden Administration Tabled a Revised Policy Statement?

Haug Partners LLP on

Six months after the Department of Justice (“DOJ”), United States Patent and Trademark Office (“USPTO”), and the National Institute of Standards and Technology (“NIST”) issued a Draft Policy Statement on Licensing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends: Standard Essential Patents at the PTAB: Are SEPs Faring any Differently than...

Standard Essential Patents are on the Rise, as is Litigation - Standard-essential patents (SEPs) are on the rise as connectivity, a present-day necessity, relies on standards subject to SEPs. It is estimated that by 2025,...more

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