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WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - December 2024

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This is the fourth 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

Morrison & Foerster LLP

JPO Released Its Practical Guide to SEP Licensing Negotiations

The Japan Patent Office (JPO) published a 56-page “Guide to Licensing Negotiations Involving Standard Essential Patents” (“Guide”) on June 5, 2018. The Guide provides an overview of licensing negotiation processes and royalty...more

Kelley Drye & Warren LLP

Judge Andrews permits Microsoft’s SEP-based antitrust claims against InterDigital to proceed (Microsoft v. InterDigital)

On April 13th, Judge Andrews in the District of Delaware issued an Order that denied InterDigital’s motion to dismiss Microsoft’s Complaint that alleged violation of antitrust laws based on InterDigital’s enforcement of...more

Morrison & Foerster LLP

MoFo IP Newsletter - October 2015

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

Kelley Drye & Warren LLP

Microsoft And Google Resolve FRAND And Other Patent Disputes

Microsoft and Google announced that they have settled their global patent disputes, including the litigation underlying the FRAND dispute that gave rise to Judge Robart’s first-of-its-kind decision on determining a FRAND...more

Cooley LLP

Alert: Ninth Circuit Provides Guidance on RAND Licensing Obligations

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On July 30 the Court of Appeals for the Ninth Circuit issued a significant appellate decision that provides guidance regarding obligations imposed on licensors of patents that are required to comply with interoperability...more

Knobbe Martens

The Effect of Microsoft v. Motorola

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Throughout U.S. patent law jurisprudence, a select number of cases have made significant changes to fundamental aspects of the process of patent litigation. Such milestone cases often eclipse the more specific details of the...more

Mintz

Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola

Mintz on

Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more

Wilson Sonsini Goodrich & Rosati

Ninth Circuit Affirms District Court Decision Regarding Reasonable and Non-Discriminatory (RAND) Obligations in Patent Licensing...

In a recent decision, the Ninth Circuit affirmed a jury verdict awarding Microsoft $14.5 million for Motorola's breach of its obligation to offer Microsoft reasonable and non-discriminatory (RAND) licenses for certain...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

Kelley Drye & Warren LLP

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

Morrison & Foerster LLP

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more

Mintz - Intellectual Property Viewpoints

Could Federal Circuit Decision Weaken FRAND Defense?

On Monday, May 5, 2014, the Court of Appeals for the Federal Circuit, by transferring the Microsoft v. Motorola case to the Court of Appeals for the Ninth Circuit, issued an order which may significantly impact the ability of...more

Sheppard Mullin Richter & Hampton LLP

An Unreasonable Royalty Rate is No Gaming Matter

The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). Microsoft Corp. v....more

Orrick, Herrington & Sutcliffe LLP

Landmark Court Opinion Provides Guidance in Determining RAND Royalties for Standard-Essential Patents

On April 25, 2013, U.S. District Judge James Robart (W.D. Wash.) issued a much-anticipated opinion in a dispute between Microsoft Corporation (“Microsoft”) and Motorola, Inc., Motorola Mobility, Inc., and General Instrument...more

Skadden, Arps, Slate, Meagher & Flom LLP

"US District Court Issues First Decision Calculating a FRAND Royalty for Standard-Essential Patents"

Why this case is important: - First decision to set a framework for determining a FRAND royalty; and - Provides guidance for calculating the value of a SEP, affecting (1) SEP holders and potential licensees...more

Skadden, Arps, Slate, Meagher & Flom LLP

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

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