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Standard Essential Patents ETSI

Fish & Richardson

Introduction to SEP & FRAND Issues

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Imagine your company designs, manufactures, or sells products that implement commonplace technologies like Wi-Fi, 5G, or video streaming. Did you know you might need a license to incorporate these technologies into your...more

K&L Gates LLP

Federal Circuit Clarifies the "Dispositive" Requirement of the Foreign Antisuit-Injunction Framework

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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

Mintz - Intellectual Property Viewpoints

Another Implementer Hold Out Door Closes: The Death of the Anti-Suit Injunction?

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

Akin Gump Strauss Hauer & Feld LLP

EDTX: Bad Faith FRAND Negotiations Warrant Suspension but Not Revocation of Parties’ Obligations Under French Law

The Eastern District of Texas recently addressed two significant issues related to fair, reasonable and non-discriminatory (FRAND) negotiations under French law; namely, whether: (1) an implementer is entitled to damages...more

Mintz - Intellectual Property Viewpoints

It Takes Two to Tango: Gilstrap Frames Implementer Holdout as Bad Faith Justifying “Suspension” of SEP Licensing Discussions

Innovators have long insisted that licensing discussions over standard essential patents (SEP) are one sided: implementers often “hold out” in bad faith by delaying discussions for as long as possible. The theory driving this...more

Mintz - Intellectual Property Viewpoints

Optis Puts Apple’s Feet to the UK Fire: Commit to FRAND or Be Snuffed Out

Recent developments indicate that the UK is a favorable jurisdiction that owners of standard essential patents (“SEP”) can leverage to obtain appropriate SEP rates from what would otherwise be unwilling licensees. ...more

Hogan Lovells

Infringement of a UK Standard Essential Patent does not justify global damages

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Hogan Lovells has secured an important victory for its client HTC against IPCom in a long-running patent litigation battle. In its judgment handed down yesterday, the UK Patents Court has struck out a claim that damages for...more

Haug Partners LLP

Update: Global FRAND Terms and Standard Essential Patents

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Recent appellate decisions coming out of the United States and the United Kingdom relating to global FRAND terms for standard essential patents will likely increase the possibility of forum shopping by patent owners and...more

Morgan Lewis

Cellular Sep Owners Score Two Victories In Europe

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In the span of two weeks in August, two different owners of allegedly standard essential patent (SEP) portfolios—asserted against the implementation of cellular standards including 4G/LTE—won cases in Germany and in the...more

BakerHostetler

Landmark UK Supreme Court Decision Grants UK Courts Power to Set the Global Royalty Rate for Standard Essential Patents

BakerHostetler on

On Aug. 26, 2020, the United Kingdom Supreme Court issued a decision in Unwired Planet International Ltd & Anor v Huawei Technologies (UK) Co Ltd & Anor [2020] UKSC 37 that changes the landscape for patentees seeking to...more

Mintz - Intellectual Property Viewpoints

THE SEP WORLD IN BALANCE: UK Harmonizes with Germany’s Rejection of Implementer Hold Out

Implementer Hold Out - Another major development in global standard essential patent litigation was handed down today, as the UK Supreme Court upheld lower court rulings that forced an efficient infringer of essential...more

McDermott Will & Emery

District Court: IPR Policy Does Not Automatically Require License Fees Based on Components

The US District Court for the Eastern District of Texas ruled that for the purposes of honoring a fair, reasonable and non-discriminatory (FRAND) commitment, a pool member is not required to base royalties for its standard...more

Sheppard Mullin Richter & Hampton LLP

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

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

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

McDermott Will & Emery

U.S. International Trade Commission Addresses Use of Standard-Essential Patents in Section 337 Investigations

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more

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