News & Analysis as of

Standard Essential Patents

ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more

ITC Issues First Exclusion Order on SEPs and Upcoming Opinion Expected To Provide Important Guidance on FRAND and SEPs

The decision in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (“1012 Investigation”), is still confidential, but the ITC...more

The enforcement of standard essential patents in Germany – a stocktaking

by DLA Piper on

In July 2015, the European Court of Justice (CJEU) issued a long-awaited judgment answering questions as to the requirements an owner of a standard essential patent (SEP) is able to enforce its SEP without a breach of...more

Qualcomm Loses Bid to Dismiss FTC’s Chip Monopoly Suit

Last Monday, the court denied Qualcomm, Inc.’s motion to dismiss the Federal Trade Commission’s suit against it for allegedly using anticompetitive tactics to maintain a monopoly in baseband modem chips for cell phones. ...more

UK High Court Issues Important Ruling on Licensing of Standard Essential Patents

by BakerHostetler on

On April 5, 2017, the High Court of Justice in the UK ruled that if a patent holder claims that a patent is essential under the ETSI IPR Policy, it must license that patent to third parties on fair, reasonable, and...more

Iwncomm v. Sony: first SEP-based injunction granted in China

by Allen & Overy LLP on

The Beijing IP Court recently handed down a landmark decision concerning infringement of a standard essential patent (SEP) in the Iwncomm v. Sony case. The court found that Sony had infringed a SEP relating to a national...more

Business Litigation Report - March 2017

Culture: Meeting Regulatory Expectations - Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint...more

Dutch Court Rules in Standard Essential Patent Abuse of Dominance Claim

by McDermott Will & Emery on

The Hague District Court in the Netherlands rejected a claim brought by smartphone maker Archos alleging that Philips had abused its dominant position during negotiations concerning licenses on fair, reasonable and...more

March 2017: EU Litigation Update

Asserting Standard Essential Patents in Germany After the European Court of Justice’s Huawei v. ZTE Decision. In its Huawei v. ZTE decision (C-170/13) dated July 16, 2015, the European Court of Justice (ECJ) established a new...more

Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

by Perkins Coie on

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing...more

Litigating standard-essential patents: recent developments

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

Top 12 EU Legal Developments to Watch in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more

Korean Ruling Places Qualcomm’s Business Model at Risk

On December 28, 2016, the Korean Fair Trade Commission (KFTC) issued a steep fine (“KFTC Ruling”) against Qualcomm for antitrust violations in patent licensing and modem chip sales – a record penalty that the U.S. company...more

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

by Holland & Knight LLP on

As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more

New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent Practices

by Perkins Coie on

The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more

FTC Sues Qualcomm for Using Anticompetitive Tactics to Maintain Chip Monopoly

Last week, the FTC filed a complaint against Qualcomm, a manufacturer of baseband processors, which are chips included in cell phones and other products with cellular connectivity that allow the devices to connect to cell...more

Virtual Reality: The Expected Future Ubiquity Of Consumer Virtual Reality Equipment And Consequent Legal And Regulatory Challenges

by Allen & Overy LLP on

In this paper we consider how a new generation of virtual reality headsets promises to fundamentally change consumer experiences of virtual environments, and we raise some of the major legal and regulatory challenges that...more

FTC and DOJ Issue Proposed Updates to Antitrust Guidelines for Licensing IP

For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century...more

Magistrate Judge Love Denies Motion for Summary Judgment as To Defendants’ Affirmative Defenses and Counterclaims Related to...

On August 23, 2016, Magistrate Judge John Love in the Eastern District of Texas denied plaintiffs’ motion for summary judgment as to defendants’ affirmative defenses and counterclaims. These defenses and counterclaims related...more

Apportioning for the Standard When Valuing Standards-Essential Patents

by BakerHostetler on

Commonwealth Scientific and Industrial Research Organisation (CSIRO), a national research organization of Australia, recently filed a petition for certiorari with the Supreme Court. CSIRO presents the following question: Is...more

SEP-Based Injunctions: Down But Not Out

by Allen & Overy LLP on

One important question for standard essential patent (“SEP”) holders is whether they can still seek and enforce injunctions. Some take the view that the act of seeking injunctive relief is inherently inconsistent with an SEP...more

April 2016: EU Litigation Update

Asserting Standard Essential Patents (SEP) in Europe After the European Court of Justice’s Huawei v. ZTE Decision. In its Huawei v. ZTE decision (C-170/13) of July 16, 2015, the European Court of Justice (ECJ) set out a new...more

MoFo IP Newsletter - April 2016

by Morrison & Foerster LLP on

The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher - It used to be that a complaint for patent infringement would survive a motion to...more

Microsoft Antitrust Suit Against InterDigital Stands, Judge Says

by McDermott Will & Emery on

On April 13, 2016, the US District Court for the District of Delaware denied InterDigital’s motion to dismiss an antitrust suit filed by Microsoft (Microsoft Mobile, Inc. v. InterDigital, Inc., Case No. 15-cv-723-RGA). In...more

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

by Kelley Drye & Warren LLP on

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

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