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Patents Licensing Rules FRAND

Axinn, Veltrop & Harkrider LLP

Three Takeaways from the Initial Determination at the ITC Regarding Standard Essential Patents in the 1380 Investigation

On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices, Inv. No. 337-TA-1380 brought by Complainant Nokia. While...more

A&O Shearman

UPC ruling on Panasonic v. Oppo: A landmark decision on SEPS and FRAND

A&O Shearman on

On November, 22, 2024, the Mannheim Local Division of the Unified Patent Court (UPC) delivered a landmark ruling in Panasonic v. Oppo, setting a significant precedent in the realm of Standard Essential Patents (SEPs) and...more

Mintz - Intellectual Property Viewpoints

The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two...

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+...more

Mintz - Intellectual Property Viewpoints

Another Implementer Hold Out Door Closes: The Death of the Anti-Suit Injunction?

Implementers of standard essential patents (SEPs) continue to hold out in patent licensing discussions with SEP owners, including pursuing the cynical strategy of seeking anti-suit injunctions (ASIs). This failed strategy is...more

Mintz - Intellectual Property Viewpoints

It Takes Two to Tango: Gilstrap Frames Implementer Holdout as Bad Faith Justifying “Suspension” of SEP Licensing Discussions

Innovators have long insisted that licensing discussions over standard essential patents (SEP) are one sided: implementers often “hold out” in bad faith by delaying discussions for as long as possible. The theory driving this...more

McDermott Will & Emery

The Proposed EU SEP Regulations: a Quiet Move Toward a Top-Down World?

At a high level, the top-down approach is a simple two-step method to calculate the FRAND rate owed to a particular SEP licensor. First, the appropriate aggregate royalty for a given standard (that is, a reasonable price for...more

Mintz - Intellectual Property Viewpoints

US Open for FRAND Business: The Fifth Circuit Vindicates Ericsson, Finding that Ericsson’s Offers were FRAND

The United States FRAND jurisprudence had a recent watershed moment in a decision that is sure to reverberate through the standard essential patent (SEP) world, and specifically SEP litigation in the United States. Earlier...more

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