4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
Kidon Podcast: IP War Stories — David Cohen & Richard Vary
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SEP Litigation and the Internet of Things
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Ericsson v. Lenovo, Inc., 2024 WL 4558664 (Fed. Cir. 2024) - On October 24, 2024, the Federal Circuit in Ericsson v. Lenovo vacated a district court’s denial of Lenovo’s request for an antisuit injunction in a case...more
On 24 October 2024, the Federal Circuit issued a precedential decision in Telefonaktiebolaget LM Ericsson v. Lenovo (U.S.), Inc. concluding that the threshold “dispositive” requirement of the foreign-antisuit-injunction...more
Why has arbitration become a popular method for resolving IP disputes? Here, we outline when to take that option - When negotiating intellectual property contracts, parties may spend little time considering dispute...more
Intellectual property policy may not have driven many voters to the polls on November 7, but change was on the ballot. Below, we summarize changes in U.S. intellectual property law that you might see starting in January 2025....more
The US Court of Appeals for the Federal Circuit vacated a district court’s decision to deny an antisuit injunction prohibiting a patent owner from enforcing injunctions that it obtained in Columbia and Brazil on standard...more
Precedential and Key Federal Circuit Opinions - NEXSTEP, INC. v. COMCAST CABLE COMMUNICATIONS, LLC [OPINION] (2022-1815, 2022-2005, 2022-2113, 10/24/2024) (Reyna, Taranto, Chen) - Chen, J. The Court affirmed the...more
On October 24, 2024, the Federal Circuit issued a precedential opinion that may have implications for litigation involving standard essential patents (SEPs). Telefonaktiebolaget LM Ericsson v. Lenovo (United States), Inc.,...more
Telefonaktiebolaget LM Ericsson, Ericsson AB, Ericsson, Inc. v. Lenovo (United States), Inc. et. al., Appeal No. 2024-1515 (Fed. Cir. Oct. 24, 2024) In our Case of the Week, the Federal Circuit clarified that, for an...more
In 2023, global investments in energy transition projects surged to approximately $1.7 trillion. This unprecedented investment level underscores the transformative shift toward cleaner energy sources and technologies....more
Introduction - Standard essential patents (SEPs) can make or break an organization’s research and development program, and no industry can manifest this like Telecom....more
This is the third 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
The United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) have signed a memorandum of understanding (MoU) that outlines a new framework for collaboration between the two...more
Recent action by China's State Administration for Market Regulation ("SAMR") demonstrates renewed Chinese antitrust focus on standard essential patents ("SEPs")....more
USPTO Leadership - ..On June 3, the USPTO announced the appointment of Derris Banks as Regional Director of the USPTO’s Elijah J. McCoy Midwest Regional Office located in Detroit, Michigan....more
On June 3, 2024, Under Secretary of Commerce for Intellectual Property and US Patent & Trademark Office (PTO) Director Kathi Vidal and Chief Executive Officer of the UK Intellectual Property Office (IPO) Adam Williams signed...more
Last week, Sun Patent Trust sued Xiaomi in France for infringement of patents claimed to be essential to the LTE-Advanced standard. In its suit, Sun Patent Trust asked French courts to set a global FRAND rate—something that...more
To date, the Unified Patent Court (UPC) has not held a trial involving standard-essential patents (SEPs). However, the new forum’s Mannheim Local Division has now authored its first SEP-specific order in a case between...more
In prior posts for this series, we have discussed areas of law where Commissioners have voiced their dissent and demonstrated a clear divide among the decision-makers. But when it comes to Standard Essential Patents (SEPs),...more
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
This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more
Returning to Washington in May, ACI’s 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement is your opportunity to learn from and network with key members of the ITC Bench, senior ITC Attorneys and leading...more
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
Several recent developments in U.S. standard-essential patent litigation (SEP) provide insight into the evolving U.S. SEP landscape and how parties and courts shape parties’ obligations to negotiate licenses for SEPs on fair,...more
Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions...more