News & Analysis as of

Standard Essential Patents

UK Intellectual Property Office (IPO) responds to Industrial Strategy Consultation

by Hogan Lovells on

In November 2017 the UK government published its Industrial Strategy. As part of this, the UK IPO made a broad ‘call for views’ from users of the UK intellectual property system on “products, services or other activities the...more

Willfulness Finding in EDTX Ruling in TCL v. Ericsson Illustrates the Risk to Accused Infringers of Failing to Investigate...

In a May 10, 2018 ruling, discussed earlier on this blog, Magistrate Judge Payne affirmed the jury’s willfulness finding largely on the ground that TCL did not proffer any evidence that it held a subjective, good faith belief...more

Upon Reconsideration, E.D.Tex. Judge Affirms Ericsson’s Previously-Vacated Jury Award Against TCL

On May 10, 2018, Magistrate Judge Payne reconsidered his previous March 2018 order which had vacated a jury award, and granted plaintiff Ericsson’s motion for reconsideration. The May ruling makes clear that the accused...more

California Court Halts Chinese-Issued Injunction Against Samsung

After nearly two years of patent litigation in dozens of cases in the United States and China, a Chinese trial court issued an injunction against Samsung, barring it from making or selling its 4G LTE smartphones in China—an...more

Patent Damages: How Many Essential Features in a Smart Phone?

On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne’s March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released. Ericsson...more

Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers

Skadden’s Antitrust and Competition Group and the economics firm Charles River Associates recently hosted the eighth annual “Antitrust in the Technology Sector: Policy Perspectives and Insights From the Enforcers” seminar in...more

Same portfolio, different rates – how TCL v Ericsson compares with Unwired Planet v Huawei

by Allen & Overy LLP on

On 21 December 2017 the U.S. District Court for the Central District of California released its judgment in TCL Communications v Ericsson setting a Fair, Reasonable, and Non-Discriminatory (FRAND) rate for Ericsson’s Standard...more

Court releases final Unwired Planet v Huawei judgment and gives guidance on confidentiality in licensing disputes

by Allen & Overy LLP on

Final Unwired Planet v Huawei judgment published - On 30 November 2017 the High Court of England and Wales handed down two final judgments on confidentiality in Unwired Planet v Huawei: the final version of the substantive...more

U.S. District Court For The Central District Of California Makes Rare FRAND Royalty Rate Determination

by Weintraub Tobin on

The U.S. District Court for the Central District of California recently issued its opinion in TCL Communications v. Ericsson (SACV 14-341 JVS(DFMx) and CV 15-2370 JVS (DFMx)) on standard-essential patents and whether a commit...more

Year in Review: The Most Popular Blog Posts of 2017

As 2018 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2017. According to the many readers of Global IP Matters, hot topics included navigating...more

Assistant Attorney General Makan Delrahim Signals Shift in Antitrust/IP Focus

• Assistant Attorney General (AAG) Makan Delrahim, the new head of the Antitrust Division of the Department of Justice (DOJ), recently announced a shift from the prior Administration’s focus on the dangers of patent “hold-up”...more

EU Commission Publishes Major IP Package: Guidance Given on the EU Approach to SEPs and on the EU IP Enforcement Directive

by WilmerHale on

Last week, the EU Commission published a number of important documents on IP. The documents include (i) a communication paper “Setting out the EU approach to Standard Essential Patents,” and (ii) a communication paper...more

The European Commission publishes communication on Standard Essential Patents

by Allen & Overy LLP on

On 29 November 2017 the European Commission (the Commission) published the long-awaited “Communication from the Commission to the European Parliament, the Council, and the European Economic and Social Committee”, setting out...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

European Commission Issues Guidelines on Licensing and Litigating Standard-Essential Patents

by Ropes & Gray LLP on

On November 29, 2017, the European Commission published its long-awaited guidance on litigating and licensing standard-essential patents (SEPs), as part of broader guidelines for intellectual property in the European Union...more

Emerging issues in the connected cars and autonomous vehicles market are influencing standard-essential patents and IP...

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells partner Celine Jimenez Crowson addresses the relationship between standard-essential patents (SEPs) and the connectivity technologies used in connected and autonomous vehicles...more

October 2017: The UK Unwired Planet FRAND Decision

Background - In recent years, “FRAND” issues have been a hot topic, subject to litigation and administrative scrutiny around the world. Generally speaking, Standard-essential patents (“SEPs”), are patents that are required...more

THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property...

by McDermott Will & Emery on

WHAT HAPPENED - ..On Friday, October 13, acting FTC chairman Maureen Ohlhausen delivered a speech at the Hillsdale College Free Market Forum titled, “Markets, Government, and the Common Good,” highlighting her view on the...more

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

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

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