A big question when it comes to fair, reasonable and non-discriminatory (FRAND/RAND) defenses for standard essential patents (SEPs) is whether and when a court should issue an injunction. One jurisdiction that may provide an...more
Over the course of the past year, there have been two notable decisions issued by the Federal Circuit and the International Trade Commission that impact the scope and nature of the remedies available for the infringement of...more
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
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
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
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
The Department of Justice (the “Department” or “DOJ”) continued its multi-pronged defense of standards-setting organizations (SSOs) who adopt patent policies to prevent hold-up during licensing negotiations. Last week’s...more